{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-1833.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-1833.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-1833.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-1833.html"}],"law_id":83093,"edition_id":1,"section_id":83093,"structure_id":14260,"section_number":"58.1-1833","catch_line":"Interest on overpayments or improper collection","history":"Code 1950, \u00a7 58-1140.1; 1973, c. 446; 1974, c. 425; 1976, c. 456; 1980, c. 663; 1984, c. 675; 2002, cc. 184, 462; 2015, cc. 76, 229.","full_text":"A\n\nInterest shall be allowed and paid upon the overpayment of any tax administered by the Department, the refund of which is permitted or required under the provisions of this article, or on moneys improperly collected from the taxpayer and refunded pursuant to § 58.1-1822, at a rate equal to the rate of interest established pursuant to § 58.1-15. Such interest shall accrue from a date sixty days after payment of the tax, or sixty days after the last day prescribed by law for such payment, whichever is later, and shall end on a date determined by the Department preceding the date of the refund check by not more than thirty days. Notwithstanding the above, any tax refunded pursuant to a court order or otherwise as a result of an erroneous assessment shall bear interest from the date the assessment was paid. No interest will be paid on sales taxes refunded to a dealer unless the dealer agrees to pass such interest on to the purchaser.B\n\n1. Notwithstanding the provisions of subsection A, if an individual overpays his individual income tax, the overpayment was for individual income taxes for the immediately preceding taxable year, and the overpayment has not been refunded, then interest shall accrue on the amount of the overpayment, beginning:i\n\nthirty days after payment of such tax if the individual filed his individual income tax return via electronic means; orii\n\nsixty days after payment of such tax if the individual filed his individual income tax return using a method other than electronic means.\n\t\t\t\t\tIn no case shall interest be paid for the overpayment of the same tax pursuant to this subsection and subsection A.2\n\nFor the purposes of this subsection, interest shall accrue at a rate equal to the rate of interest established pursuant to § 58.1-15. Such interest shall end on a date determined by the Department preceding the date of the refund check by not more than seven days.C\n\nFor purposes of this section:1\n\nAny individual income tax deducted and withheld at the source and paid to the Department, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed;2\n\nAny corporate or estate and trust income tax deducted and withheld at the source and paid to the Department, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed, or the last day prescribed by law for filing such return, whichever is later; and3\n\nAny overpayment of tax resulting from the carry-back of a net operating loss or net capital loss shall be deemed to have been made on the day on which the return for the year in which the loss occurred was filed, or the last day prescribed by law for such filing, whichever is later.D\n\nThe Tax Commissioner and the State Comptroller shall implement procedures to allow an individual requesting a refund of the overpayment of individual income tax when filing his individual income tax return to elect on such return to have the refund paid by check mailed to the address provided on his return. The ability of the individual to elect such refund check shall be in addition to other methods utilized by the State Comptroller for the payment of such refund, including but not limited to direct deposits or other electronic means.","order_by":null,"text":{"0":{"id":297792,"text":"Interest shall be allowed and paid upon the overpayment of any tax administered by the Department, the refund of which is permitted or required under the provisions of this article, or on moneys improperly collected from the taxpayer and refunded pursuant to § 58.1-1822, at a rate equal to the rate of interest established pursuant to § 58.1-15. Such interest shall accrue from a date sixty days after payment of the tax, or sixty days after the last day prescribed by law for such payment, whichever is later, and shall end on a date determined by the Department preceding the date of the refund check by not more than thirty days. Notwithstanding the above, any tax refunded pursuant to a court order or otherwise as a result of an erroneous assessment shall bear interest from the date the assessment was paid. No interest will be paid on sales taxes refunded to a dealer unless the dealer agrees to pass such interest on to the purchaser.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297793,"text":"1. Notwithstanding the provisions of subsection A, if an individual overpays his individual income tax, the overpayment was for individual income taxes for the immediately preceding taxable year, and the overpayment has not been refunded, then interest shall accrue on the amount of the overpayment, beginning:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"Bi"},"2":{"id":297794,"text":"thirty days after payment of such tax if the individual filed his individual income tax return via electronic means; or","type":"section","prefixes":["B","i"],"prefix":"i","entire_prefix":"Bi","prefix_anchor":"Bi","level":2,"prior_prefix":"B","next_prefix":"Biii"},"3":{"id":297795,"text":"sixty days after payment of such tax if the individual filed his individual income tax return using a method other than electronic means.\n\t\t\t\t\tIn no case shall interest be paid for the overpayment of the same tax pursuant to this subsection and subsection A.","type":"section","prefixes":["B","i","ii"],"prefix":"ii","entire_prefix":"Biii","prefix_anchor":"Biii","level":3,"prior_prefix":"Bi","next_prefix":"Biii2"},"4":{"id":297796,"text":"For the purposes of this subsection, interest shall accrue at a rate equal to the rate of interest established pursuant to § 58.1-15. Such interest shall end on a date determined by the Department preceding the date of the refund check by not more than seven days.","type":"section","prefixes":["B","i","ii","2"],"prefix":"2","entire_prefix":"Biii2","prefix_anchor":"Biii2","level":4,"prior_prefix":"Biii","next_prefix":"C"},"5":{"id":297797,"text":"For purposes of this section:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"Biii2","next_prefix":"C1"},"6":{"id":297798,"text":"Any individual income tax deducted and withheld at the source and paid to the Department, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"7":{"id":297799,"text":"Any corporate or estate and trust income tax deducted and withheld at the source and paid to the Department, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed, or the last day prescribed by law for filing such return, whichever is later; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"8":{"id":297800,"text":"Any overpayment of tax resulting from the carry-back of a net operating loss or net capital loss shall be deemed to have been made on the day on which the return for the year in which the loss occurred was filed, or the last day prescribed by law for such filing, whichever is later.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"9":{"id":297801,"text":"The Tax Commissioner and the State Comptroller shall implement procedures to allow an individual requesting a refund of the overpayment of individual income tax when filing his individual income tax return to elect on such return to have the refund paid by check mailed to the address provided on his return. The ability of the individual to elect such refund check shall be in addition to other methods utilized by the State Comptroller for the payment of such refund, including but not limited to direct deposits or other electronic means.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"ancestry":[{"id":14260,"edition_id":1,"name":"Corrections of Erroneous Assessments; Refunds","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14259,"metadata":{},"date_created":"2026-06-26 03:47:30","date_modified":"2026-06-26 03:47:30","permalink":{"id":253049,"object_type":"structure","relational_id":14260,"identifier":"2","token":"58.1\/I\/18\/2","url":"\/58.1\/I\/18\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14259,"edition_id":1,"name":"Enforcement, Collection, Refund, Remedies and Review of State Taxes","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:47:30","date_modified":"2026-06-26 03:47:30","permalink":{"id":252957,"object_type":"structure","relational_id":14259,"identifier":"18","token":"58.1\/I\/18","url":"\/58.1\/I\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78490,"structure_id":14260,"section_number":"58.1-1820","catch_line":"Definitions","url":"\/58.1-1820\/","token":"58.1\/I\/18\/2\/58.1-1820","metadata":false},{"id":76759,"structure_id":14260,"section_number":"58.1-1821","catch_line":"Application to Tax Commissioner for correction","url":"\/58.1-1821\/","token":"58.1\/I\/18\/2\/58.1-1821","metadata":false},{"id":55503,"structure_id":14260,"section_number":"58.1-1822","catch_line":"Action of Tax Commissioner on application for correction","url":"\/58.1-1822\/","token":"58.1\/I\/18\/2\/58.1-1822","metadata":false},{"id":64280,"structure_id":14260,"section_number":"58.1-1823","catch_line":"Reassessment and refund upon the filing of amended return or the payment of an assessment","url":"\/58.1-1823\/","token":"58.1\/I\/18\/2\/58.1-1823","metadata":false},{"id":64173,"structure_id":14260,"section_number":"58.1-1824","catch_line":"Protective claim for refund","url":"\/58.1-1824\/","token":"58.1\/I\/18\/2\/58.1-1824","metadata":false},{"id":72555,"structure_id":14260,"section_number":"58.1-1825","catch_line":"Application to court for correction of erroneous or improper assessments of state taxes generally","url":"\/58.1-1825\/","token":"58.1\/I\/18\/2\/58.1-1825","metadata":false},{"id":79294,"structure_id":14260,"section_number":"58.1-1826","catch_line":"Action of court","url":"\/58.1-1826\/","token":"58.1\/I\/18\/2\/58.1-1826","metadata":false},{"id":74340,"structure_id":14260,"section_number":"58.1-1827","catch_line":"Correction of double assessments","url":"\/58.1-1827\/","token":"58.1\/I\/18\/2\/58.1-1827","metadata":false},{"id":59711,"structure_id":14260,"section_number":"58.1-1828","catch_line":"Appeal","url":"\/58.1-1828\/","token":"58.1\/I\/18\/2\/58.1-1828","metadata":false},{"id":56638,"structure_id":14260,"section_number":"58.1-1829","catch_line":"Costs in proceedings under \u00a7\u00a7 58.1-1825 through 58.1-1828","url":"\/58.1-1829\/","token":"58.1\/I\/18\/2\/58.1-1829","metadata":false},{"id":84382,"structure_id":14260,"section_number":"58.1-1830","catch_line":"Effect of order","url":"\/58.1-1830\/","token":"58.1\/I\/18\/2\/58.1-1830","metadata":false},{"id":80350,"structure_id":14260,"section_number":"58.1-1831","catch_line":"No injunctions against assessment or collection of taxes","url":"\/58.1-1831\/","token":"58.1\/I\/18\/2\/58.1-1831","metadata":false},{"id":81150,"structure_id":14260,"section_number":"58.1-1832","catch_line":"Chapter includes taxes, levies, penalties and interest","url":"\/58.1-1832\/","token":"58.1\/I\/18\/2\/58.1-1832","metadata":false},{"id":83093,"structure_id":14260,"section_number":"58.1-1833","catch_line":"Interest on overpayments or improper collection","url":"\/58.1-1833\/","token":"58.1\/I\/18\/2\/58.1-1833","metadata":false},{"id":86238,"structure_id":14260,"section_number":"58.1-1834","catch_line":"Taxpayer meetings; representation; recording meetings","url":"\/58.1-1834\/","token":"58.1\/I\/18\/2\/58.1-1834","metadata":false},{"id":65732,"structure_id":14260,"section_number":"58.1-1835","catch_line":"Abatement of any tax, interest, and penalty attributable to erroneous written advice by the Department","url":"\/58.1-1835\/","token":"58.1\/I\/18\/2\/58.1-1835","metadata":false},{"id":85174,"structure_id":14260,"section_number":"58.1-1836","catch_line":"Reserved","url":"\/58.1-1836\/","token":"58.1\/I\/18\/2\/58.1-1836","metadata":false}],"previous_section":{"id":81150,"structure_id":14260,"section_number":"58.1-1832","catch_line":"Chapter includes taxes, levies, penalties and interest","url":"\/58.1-1832\/","token":"58.1\/I\/18\/2\/58.1-1832","metadata":false},"next_section":{"id":86238,"structure_id":14260,"section_number":"58.1-1834","catch_line":"Taxpayer meetings; representation; recording meetings","url":"\/58.1-1834\/","token":"58.1\/I\/18\/2\/58.1-1834","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-1833\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 446; in 1974, chapter 425; in 1976, chapter 456; in 1980, chapter 663; in 1984, chapter 675; in 2002, chapters 184<\/a> and 462<\/a>; in 2015, chapters 76<\/a> and 229<\/a>.<\/p>","references":[{"id":83671,"section_number":"58.1-344.4","catch_line":"Voluntary contributions of refunds into Commonwealth Savers Plan accounts","order_by":null,"url":"\/58.1-344.4\/"},{"id":68682,"section_number":"58.1-390.3","catch_line":"Elective income tax on pass-through entities","order_by":null,"url":"\/58.1-390.3\/"},{"id":56970,"section_number":"58.1-402","catch_line":"Virginia taxable income","order_by":null,"url":"\/58.1-402\/"},{"id":77683,"section_number":"58.1-439.12:03","catch_line":"Motion picture production tax credit","order_by":null,"url":"\/58.1-439.12_03\/"},{"id":75795,"section_number":"58.1-499","catch_line":"Refunds to individual taxpayers; crediting overpayment against estimated tax for ensuing year","order_by":null,"url":"\/58.1-499\/"},{"id":77927,"section_number":"58.1-531.1","catch_line":"Errors in setoff program","order_by":null,"url":"\/58.1-531.1\/"}],"refers_to":[{"id":77006,"section_number":"58.1-15","catch_line":"Rate of interest","order_by":null,"url":"\/58.1-15\/"},{"id":55503,"section_number":"58.1-1822","catch_line":"Action of Tax Commissioner on application for correction","order_by":null,"url":"\/58.1-1822\/"}],"permalink":{"id":253103,"object_type":"law","relational_id":83093,"identifier":"58.1-1833","token":"58.1\/I\/18\/2\/58.1-1833","url":"\/58.1-1833\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-1833\/","token":"58.1\/I\/18\/2\/58.1-1833","dublin_core":{"Title":"Interest on overpayments or improper collection","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-1833","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Interest shall be allowed and paid upon the overpayment of any tax administered by the Department<\/span>, the refund of which is permitted or required under the provisions of this article, or on moneys improperly collected from the taxpayer<\/span> and refunded pursuant to § 58.1-1822<\/a>, at a rate equal to the rate of interest established pursuant to § 58.1-15<\/a>. Such interest shall accrue from a date sixty days after payment of the tax, or sixty days after the last day prescribed by law<\/span> for such payment, whichever is later, and shall end on a date determined by the Department<\/span> preceding the date of the refund check by not more than thirty days. Notwithstanding the above, any tax refunded pursuant to a court order<\/span> or otherwise as a result of an erroneous assessment shall bear interest from the date the assessment was paid. No interest will be paid on sales taxes refunded to a dealer unless the dealer agrees to pass such interest on to the purchaser. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. Notwithstanding the provisions of subsection A, if an individual overpays his individual income tax, the overpayment was for individual income taxes for the immediately preceding taxable year, and the overpayment has not been refunded, then interest shall accrue on the amount of the overpayment, beginning: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> thirty days after payment of such tax if the individual filed his individual income tax return via electronic means; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> sixty days after payment of such tax if the individual filed his individual income tax return using a method other than electronic means.\n\t\t\t\t\tIn no case shall interest be paid for the overpayment of the same tax pursuant to this subsection and subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For the purposes of this subsection, interest shall accrue at a rate equal to the rate of interest established pursuant to § 58.1-15<\/a>. Such interest shall end on a date determined by the Department<\/span> preceding the date of the refund check by not more than seven days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any individual income tax deducted and withheld at the source and paid to the Department<\/span>, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any corporate or estate and trust income tax deducted and withheld at the source and paid to the Department<\/span>, and any amount paid as estimated tax, shall be deemed to have been paid on the day on which the return for such year’s income was filed, or the last day prescribed by law<\/span> for filing such return, whichever is later; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any overpayment of tax resulting from the carry-back of a net operating loss or net capital loss shall be deemed to have been made on the day on which the return for the year in which the loss occurred was filed, or the last day prescribed by law<\/span> for such filing, whichever is later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Tax Commissioner<\/span> and the State Comptroller shall implement procedures to allow an individual requesting a refund of the overpayment of individual income tax when filing his individual income tax return to elect on such return to have the refund paid by check mailed to the address provided on his return. The ability of the individual to elect such refund check shall be in addition to other methods utilized by the State Comptroller for the payment of such refund, including but not limited to direct deposits or other electronic means. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTEREST ON OVERPAYMENTS OR IMPROPER COLLECTION (\u00a7 58.1-1833)\n\nA. Interest shall be allowed and paid upon the overpayment of any tax\nadministered by the Department, the refund of which is permitted or required\nunder the provisions of this article, or on moneys improperly collected from the\ntaxpayer and refunded pursuant to § 58.1-1822, at a rate equal to the rate\nof interest established pursuant to § 58.1-15. Such interest shall accrue\nfrom a date sixty days after payment of the tax, or sixty days after the last\nday prescribed by law for such payment, whichever is later, and shall end on a\ndate determined by the Department preceding the date of the refund check by not\nmore than thirty days. Notwithstanding the above, any tax refunded pursuant to a\ncourt order or otherwise as a result of an erroneous assessment shall bear\ninterest from the date the assessment was paid. No interest will be paid on\nsales taxes refunded to a dealer unless the dealer agrees to pass such interest\non to the purchaser.\n\nB. 1. Notwithstanding the provisions of subsection A, if an individual overpays\nhis individual income tax, the overpayment was for individual income taxes for\nthe immediately preceding taxable year, and the overpayment has not been\nrefunded, then interest shall accrue on the amount of the overpayment,\nbeginning:\n\n i. thirty days after payment of such tax if the individual filed his\n individual income tax return via electronic means; or\n\n ii. sixty days after payment of such tax if the individual filed his\n individual income tax return using a method other than electronic means.\n \t\t\t\t\tIn no case shall interest be paid for the overpayment of the same tax\n pursuant to this subsection and subsection A.\n\n 2. For the purposes of this subsection, interest shall accrue at a rate\n equal to the rate of interest established pursuant to § 58.1-15. Such\n interest shall end on a date determined by the Department preceding the\n date of the refund check by not more than seven days.\n\nC. For purposes of this section:\n\n 1. Any individual income tax deducted and withheld at the source and paid to\n the Department, and any amount paid as estimated tax, shall be deemed to have\n been paid on the day on which the return for such year’s income was\n filed;\n\n 2. Any corporate or estate and trust income tax deducted and withheld at the\n source and paid to the Department, and any amount paid as estimated tax, shall\n be deemed to have been paid on the day on which the return for such\n year’s income was filed, or the last day prescribed by law for filing\n such return, whichever is later; and\n\n 3. Any overpayment of tax resulting from the carry-back of a net operating\n loss or net capital loss shall be deemed to have been made on the day on which\n the return for the year in which the loss occurred was filed, or the last day\n prescribed by law for such filing, whichever is later.\n\nD. The Tax Commissioner and the State Comptroller shall implement procedures to\nallow an individual requesting a refund of the overpayment of individual income\ntax when filing his individual income tax return to elect on such return to have\nthe refund paid by check mailed to the address provided on his return. The\nability of the individual to elect such refund check shall be in addition to\nother methods utilized by the State Comptroller for the payment of such refund,\nincluding but not limited to direct deposits or other electronic means.\n\nHISTORY: Code 1950, \u00a7 58-1140.1; 1973, c. 446; 1974, c. 425; 1976, c. 456;\n1980, c. 663; 1984, c. 675; 2002, cc. 184, 462; 2015, cc. 76, 229.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}