{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-307.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-307.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-307.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-307.html"}],"law_id":83380,"edition_id":1,"section_id":83380,"structure_id":13970,"section_number":"58.1-307","catch_line":"Disposition of returns; handling of state income tax payments; audit","history":"Code 1950, \u00a7 58-151.070; 1971, Ex. Sess., c. 171; 1984, c. 675; 1991, c. 485; 1996, c. 634.","full_text":"A\n\nAs soon as the individual and fiduciary income tax returns have been received by the commissioner of the revenue and entered upon the assessment sheets or forms, the commissioner of the revenue shall forward such returns to the Department. The Department, however, may authorize the commissioner of the revenue to retain such returns for such length of time as may be necessary to enable him to review them under &#xA7; 58.1-305 and to use them in ascertaining delinquents. As soon as practicable after each such return is received by the Department, it shall examine and audit it. Except in criminal and internal investigations, the Department shall conduct its audits, inspections of records, and meetings with taxpayers at reasonable times and places. For purposes of informal meetings on appeals under &#xA7; 58.1-1821, Richmond shall be a reasonable place to meet.B\n\nIf any income tax return filed with and received by the commissioner of the revenue or director of finance or other assessing officer is accompanied by payment, in whole or in part, of the liability shown on such return, such officer, within two banking days of receipt of such return, shall deliver such payment or payments to the treasurer. The commissioner of the revenue or director of finance or other assessing officer shall maintain a record of the date on which such payments are received and shall also record the date on which such payments are delivered to the treasurer. The Auditor of Public Accounts shall either prescribe or approve the commissioner of the revenue&#8217;s or director of finance&#8217;s or other assessing officer&#8217;s record-keeping system and shall audit such records as provided for in Chapter 14 (&#xA7; 30-130 et seq.) of Title 30. The Auditor, in his discretion, upon a showing of hardship making it difficult to comply with these requirements, may prescribe or approve alternative arrangements intended to accomplish the same result. The treasurer shall act in accordance with subsection B of &#xA7; 2.2-806 and 58.1-3168 in the handling, deposit, and accounting of such payments.","order_by":null,"text":{"0":{"id":298726,"text":"As soon as the individual and fiduciary income tax returns have been received by the commissioner of the revenue and entered upon the assessment sheets or forms, the commissioner of the revenue shall forward such returns to the Department. The Department, however, may authorize the commissioner of the revenue to retain such returns for such length of time as may be necessary to enable him to review them under &#xA7; 58.1-305 and to use them in ascertaining delinquents. As soon as practicable after each such return is received by the Department, it shall examine and audit it. Except in criminal and internal investigations, the Department shall conduct its audits, inspections of records, and meetings with taxpayers at reasonable times and places. For purposes of informal meetings on appeals under &#xA7; 58.1-1821, Richmond shall be a reasonable place to meet.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298727,"text":"If any income tax return filed with and received by the commissioner of the revenue or director of finance or other assessing officer is accompanied by payment, in whole or in part, of the liability shown on such return, such officer, within two banking days of receipt of such return, shall deliver such payment or payments to the treasurer. The commissioner of the revenue or director of finance or other assessing officer shall maintain a record of the date on which such payments are received and shall also record the date on which such payments are delivered to the treasurer. The Auditor of Public Accounts shall either prescribe or approve the commissioner of the revenue&#8217;s or director of finance&#8217;s or other assessing officer&#8217;s record-keeping system and shall audit such records as provided for in Chapter 14 (&#xA7; 30-130 et seq.) of Title 30. The Auditor, in his discretion, upon a showing of hardship making it difficult to comply with these requirements, may prescribe or approve alternative arrangements intended to accomplish the same result. The treasurer shall act in accordance with subsection B of &#xA7; 2.2-806 and 58.1-3168 in the handling, deposit, and accounting of such payments.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13970,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:46:27","date_modified":"2026-06-26 03:46:27","permalink":{"id":253269,"object_type":"structure","relational_id":13970,"identifier":"1","token":"58.1\/I\/3\/1","url":"\/58.1\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13152,"edition_id":1,"name":"Income Tax","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":253267,"object_type":"structure","relational_id":13152,"identifier":"3","token":"58.1\/I\/3","url":"\/58.1\/I\/3\/","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":55031,"structure_id":13970,"section_number":"58.1-300","catch_line":"Incomes not subject to local taxation","url":"\/58.1-300\/","token":"58.1\/I\/3\/1\/58.1-300","metadata":false},{"id":75208,"structure_id":13970,"section_number":"58.1-301","catch_line":"(Applicable to taxable years beginning on and after January 1, 2023) Conformity to Internal Revenue Code","url":"\/58.1-301\/","token":"58.1\/I\/3\/1\/58.1-301","metadata":false},{"id":82538,"structure_id":13970,"section_number":"58.1-302","catch_line":"Definitions","url":"\/58.1-302\/","token":"58.1\/I\/3\/1\/58.1-302","metadata":false},{"id":76987,"structure_id":13970,"section_number":"58.1-303","catch_line":"Residency for portion of tax year","url":"\/58.1-303\/","token":"58.1\/I\/3\/1\/58.1-303","metadata":false},{"id":63944,"structure_id":13970,"section_number":"58.1-304","catch_line":"Reserved","url":"\/58.1-304\/","token":"58.1\/I\/3\/1\/58.1-304","metadata":false},{"id":80064,"structure_id":13970,"section_number":"58.1-305","catch_line":"Duties of commissioner of the revenue relating to income tax","url":"\/58.1-305\/","token":"58.1\/I\/3\/1\/58.1-305","metadata":false},{"id":81043,"structure_id":13970,"section_number":"58.1-306","catch_line":"Filing of individual, estate or trust income tax returns with the Department","url":"\/58.1-306\/","token":"58.1\/I\/3\/1\/58.1-306","metadata":false},{"id":83380,"structure_id":13970,"section_number":"58.1-307","catch_line":"Disposition of returns; handling of state income tax payments; audit","url":"\/58.1-307\/","token":"58.1\/I\/3\/1\/58.1-307","metadata":false},{"id":79816,"structure_id":13970,"section_number":"58.1-308","catch_line":"Assessment and payment of deficiency; fraud; penalties","url":"\/58.1-308\/","token":"58.1\/I\/3\/1\/58.1-308","metadata":false},{"id":87093,"structure_id":13970,"section_number":"58.1-309","catch_line":"Refund of overpayment","url":"\/58.1-309\/","token":"58.1\/I\/3\/1\/58.1-309","metadata":false},{"id":57654,"structure_id":13970,"section_number":"58.1-310","catch_line":"Examination of federal returns","url":"\/58.1-310\/","token":"58.1\/I\/3\/1\/58.1-310","metadata":false},{"id":68533,"structure_id":13970,"section_number":"58.1-311","catch_line":"Report of change in federal taxable income","url":"\/58.1-311\/","token":"58.1\/I\/3\/1\/58.1-311","metadata":false},{"id":81874,"structure_id":13970,"section_number":"58.1-311.1","catch_line":"Report of change in taxes paid to other states","url":"\/58.1-311.1\/","token":"58.1\/I\/3\/1\/58.1-311.1","metadata":false},{"id":59617,"structure_id":13970,"section_number":"58.1-311.2","catch_line":"Final determination date","url":"\/58.1-311.2\/","token":"58.1\/I\/3\/1\/58.1-311.2","metadata":false},{"id":59212,"structure_id":13970,"section_number":"58.1-312","catch_line":"Limitations on assessment","url":"\/58.1-312\/","token":"58.1\/I\/3\/1\/58.1-312","metadata":false},{"id":75424,"structure_id":13970,"section_number":"58.1-313","catch_line":"Immediate assessment where collection jeopardized by delay; notice of assessment; termination of taxable period; memorandum of lien","url":"\/58.1-313\/","token":"58.1\/I\/3\/1\/58.1-313","metadata":false},{"id":59234,"structure_id":13970,"section_number":"58.1-314","catch_line":"Lien of jeopardy assessment; notice of lien","url":"\/58.1-314\/","token":"58.1\/I\/3\/1\/58.1-314","metadata":false},{"id":74528,"structure_id":13970,"section_number":"58.1-315","catch_line":"Transitional modifications to Virginia taxable income","url":"\/58.1-315\/","token":"58.1\/I\/3\/1\/58.1-315","metadata":false},{"id":80226,"structure_id":13970,"section_number":"58.1-316","catch_line":"Information reporting on rental payments to nonresident payees; penalties","url":"\/58.1-316\/","token":"58.1\/I\/3\/1\/58.1-316","metadata":false},{"id":73613,"structure_id":13970,"section_number":"58.1-317","catch_line":"Filing of estimated tax by nonresidents upon the sale of real property; penalties","url":"\/58.1-317\/","token":"58.1\/I\/3\/1\/58.1-317","metadata":false},{"id":83774,"structure_id":13970,"section_number":"58.1-318","catch_line":"Investments eligible for tax credits","url":"\/58.1-318\/","token":"58.1\/I\/3\/1\/58.1-318","metadata":false},{"id":59801,"structure_id":13970,"section_number":"58.1-319","catch_line":"Unclaimed tax credits; report","url":"\/58.1-319\/","token":"58.1\/I\/3\/1\/58.1-319","metadata":false}],"previous_section":{"id":81043,"structure_id":13970,"section_number":"58.1-306","catch_line":"Filing of individual, estate or trust income tax returns with the Department","url":"\/58.1-306\/","token":"58.1\/I\/3\/1\/58.1-306","metadata":false},"next_section":{"id":79816,"structure_id":13970,"section_number":"58.1-308","catch_line":"Assessment and payment of deficiency; fraud; penalties","url":"\/58.1-308\/","token":"58.1\/I\/3\/1\/58.1-308","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-307\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1984, chapter 675; in 1991, chapter 485; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0634\">634<\/a>.<\/p>","references":[{"id":80064,"section_number":"58.1-305","catch_line":"Duties of commissioner of the revenue relating to income tax","order_by":null,"url":"\/58.1-305\/"},{"id":56960,"section_number":"58.1-351","catch_line":"When, where and how individual income taxes payable and collectible","order_by":null,"url":"\/58.1-351\/"}],"refers_to":[{"id":63329,"section_number":"2.2-806","catch_line":"Reports and payments by city and county treasurers, and clerks of court; deposits of state income tax payments","order_by":null,"url":"\/2.2-806\/"},{"id":71311,"section_number":"30-130","catch_line":"Election, term and compensation; vacancy","order_by":null,"url":"\/30-130\/"},{"id":76759,"section_number":"58.1-1821","catch_line":"Application to Tax Commissioner for correction","order_by":null,"url":"\/58.1-1821\/"},{"id":80064,"section_number":"58.1-305","catch_line":"Duties of commissioner of the revenue relating to income tax","order_by":null,"url":"\/58.1-305\/"},{"id":73556,"section_number":"58.1-3168","catch_line":"When treasurers to pay state revenue into state treasury","order_by":null,"url":"\/58.1-3168\/"}],"permalink":{"id":253299,"object_type":"law","relational_id":83380,"identifier":"58.1-307","token":"58.1\/I\/3\/1\/58.1-307","url":"\/58.1-307\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-307\/","token":"58.1\/I\/3\/1\/58.1-307","dublin_core":{"Title":"Disposition of returns; handling of state income tax payments; audit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-307","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As soon as the <span class=\"dictionary\">individual<\/span> and fiduciary income tax returns have been received by the commissioner of the revenue and entered upon the assessment sheets or forms, the commissioner of the revenue shall forward such returns to the <span class=\"dictionary\">Department<\/span>. The <span class=\"dictionary\">Department<\/span>, however, may authorize the commissioner of the revenue to retain such returns for such length of time as may be necessary to enable him to review them under &#xA7; <a class=\"law\" title=\"Duties of commissioner of the revenue relating to income tax\" href=\"\/58.1-305\/\">58.1-305<\/a> and to use them in ascertaining delinquents. As soon as practicable after each such return is received by the <span class=\"dictionary\">Department<\/span>, it shall examine and audit it. Except in criminal and internal investigations, the <span class=\"dictionary\">Department<\/span> shall conduct its audits, inspections of records, and meetings with <span class=\"dictionary\">taxpayers<\/span> at reasonable times and places. For purposes of informal meetings on <span class=\"dictionary\">appeals<\/span> under &#xA7; <a class=\"law\" title=\"Application to Tax Commissioner for correction\" href=\"\/58.1-1821\/\">58.1-1821<\/a>, Richmond shall be a reasonable place to meet. <a id=\"paragraph-298726\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-307\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If any income tax return filed with and received by the commissioner of the revenue or director of finance or other assessing officer is accompanied by payment, in whole or in part, of the liability shown on such return, such officer, within two banking days of receipt of such return, shall deliver such payment or payments to the treasurer. The commissioner of the revenue or director of finance or other assessing officer shall maintain a record of the date on which such payments are received and shall also record the date on which such payments are delivered to the treasurer. The Auditor of Public Accounts shall either prescribe or approve the commissioner of the revenue&#8217;s or director of finance&#8217;s or other assessing officer&#8217;s record-keeping system and shall audit such records as provided for in Chapter 14 (&#xA7; <a class=\"law\" title=\"Election, term and compensation; vacancy\" href=\"\/30-130\/\">30-130<\/a> et seq.) of Title 30. The Auditor, in his discretion, upon a showing of hardship making it difficult to comply with these requirements, may prescribe or approve alternative arrangements intended to accomplish the same result. The treasurer shall act in accordance with subsection B of &#xA7; <a class=\"law\" title=\"Reports and payments by city and county treasurers, and clerks of court; deposits of state income tax payments\" href=\"\/2.2-806\/\">2.2-806<\/a> and <a class=\"law\" title=\"When treasurers to pay state revenue into state treasury\" href=\"\/58.1-3168\/\">58.1-3168<\/a> in the handling, deposit, and accounting of such payments. <a id=\"paragraph-298727\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-307\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISPOSITION OF RETURNS; HANDLING OF STATE INCOME TAX PAYMENTS; AUDIT (\u00a7\n58.1-307)\n\nA. As soon as the individual and fiduciary income tax returns have been received\nby the commissioner of the revenue and entered upon the assessment sheets or\nforms, the commissioner of the revenue shall forward such returns to the\nDepartment. The Department, however, may authorize the commissioner of the\nrevenue to retain such returns for such length of time as may be necessary to\nenable him to review them under &#xA7; 58.1-305 and to use them in ascertaining\ndelinquents. As soon as practicable after each such return is received by the\nDepartment, it shall examine and audit it. Except in criminal and internal\ninvestigations, the Department shall conduct its audits, inspections of records,\nand meetings with taxpayers at reasonable times and places. For purposes of\ninformal meetings on appeals under &#xA7; 58.1-1821, Richmond shall be a\nreasonable place to meet.\n\nB. If any income tax return filed with and received by the commissioner of the\nrevenue or director of finance or other assessing officer is accompanied by\npayment, in whole or in part, of the liability shown on such return, such\nofficer, within two banking days of receipt of such return, shall deliver such\npayment or payments to the treasurer. The commissioner of the revenue or\ndirector of finance or other assessing officer shall maintain a record of the\ndate on which such payments are received and shall also record the date on which\nsuch payments are delivered to the treasurer. The Auditor of Public Accounts\nshall either prescribe or approve the commissioner of the revenue&#8217;s or\ndirector of finance&#8217;s or other assessing officer&#8217;s record-keeping\nsystem and shall audit such records as provided for in Chapter 14 (&#xA7; 30-130\net seq.) of Title 30. The Auditor, in his discretion, upon a showing of hardship\nmaking it difficult to comply with these requirements, may prescribe or approve\nalternative arrangements intended to accomplish the same result. The treasurer\nshall act in accordance with subsection B of &#xA7; 2.2-806 and 58.1-3168 in the\nhandling, deposit, and accounting of such payments.\n\nHISTORY: Code 1950, \u00a7 58-151.070; 1971, Ex. Sess., c. 171; 1984, c. 675; 1991,\nc. 485; 1996, c. 634.","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}}