{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-339.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-339.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-339.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-339.8.html"}],"law_id":59088,"edition_id":1,"section_id":59088,"structure_id":14016,"section_number":"58.1-339.8","catch_line":"Income tax credit for low-income taxpayers","history":"2000, c. 397; 2004, Sp. Sess. I, c. 3; 2017, c. 444; 2020, c. 900; 2022, Sp. Sess. I, cc. 1, 2; 2023, Sp. Sess. I, c. 1; 2025, c. 725.","full_text":"A\n\nFor purposes of this section,:\n\t\t\t“Family Virginia adjusted gross income” means the combined Virginia adjusted gross income of an individual, the individual’s spouse, and any person claimed as a dependent on the individual’s or his spouse’s income tax return for the taxable year.\n\t\t\t“Household” means an individual, or in the case of married individuals, an individual and his spouse, regardless of whether or not the individual and his spouse file combined or separate Virginia individual income tax returns.\n\t\t\t“Poverty guidelines” means the poverty guidelines for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U.S. Department of Health and Human Services under the authority of § 673(2) of the Omnibus Budget Reconciliation Act of 1981.\n\t\t\t“Virginia adjusted gross income” has the same meaning as the term is defined in § 58.1-321.B\n\n1. For taxable years beginning on and after January 1, 2000, any individual or married individuals filing jointly whose family Virginia adjusted gross income does not exceed 100 percent of the poverty guideline amount corresponding to a household of an equal number of persons as listed in the poverty guidelines published during such taxable year, shall be allowed a nonrefundable credit against the tax levied pursuant to \u00a7 58.1-320 in an amount equal to $300 each for the individual, the individual’s spouse, and any person claimed as a dependent on the individual’s or married individuals’ income tax return for the taxable year. For any taxable year in which married individuals file separate Virginia income tax returns, the credit provided under this section shall be allowed against the tax for only one of such two tax returns. Additionally, the credit provided under this section shall not be allowed against such tax of a dependent of the individual or of married individuals.2\n\nFor taxable years beginning on and after January 1, 2006, any individual or married individuals filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1, claim a nonrefundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 20 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year. In no case shall a household be allowed a credit pursuant to this subdivision and subdivision 1 or 3 for the same taxable year.3\n\na. For taxable years beginning on and after January 1, 2022, but before January 1, 2025 any individual or married individuals filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 15 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tb. For taxable years beginning on and after January 1, 2025 but before January 1, 2027, any individual or married individuals filing jointly may, for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 20 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tc. The refundable credit claimed pursuant to this subdivision 3 shall be claimed on the Virginia income tax return and redeemed by the Tax Commissioner. In no case shall a household be allowed a credit pursuant to this subdivision 3 and subdivision 1 or 2 for the same taxable year.C\n\nThe amount of the credit claimed pursuant to subdivision B 1 and B 2, or in the case of a nonresident or a person to which § 58.1-303 applies, subdivision B 3, for any taxable year shall not exceed the individual’s or married individuals’ Virginia income tax liability.D\n\nNotwithstanding any other provision of this section, no credit shall be allowed pursuant to subsection B in any taxable year in which the individual, the individual’s spouse, or both, or any person claimed as a dependent on such individual’s or married individuals’ income tax return, claims one or any combination of the following on his or their income tax return for such taxable year:1\n\nThe subtraction under subdivision 8 of § 58.1-322.02;2\n\nThe subtraction under subdivision 15 of § 58.1-322.02;3\n\nThe subtraction under subdivision 16 of § 58.1-322.02;4\n\nThe deduction for the additional personal exemption for blind or aged taxpayers under subdivision 2 b of § 58.1-322.03; or5\n\nThe deduction under subdivision 5 of § 58.1-322.03.","order_by":null,"text":{"0":{"id":216662,"text":"For purposes of this section,:\n\t\t\t“Family Virginia adjusted gross income” means the combined Virginia adjusted gross income of an individual, the individual’s spouse, and any person claimed as a dependent on the individual’s or his spouse’s income tax return for the taxable year.\n\t\t\t“Household” means an individual, or in the case of married individuals, an individual and his spouse, regardless of whether or not the individual and his spouse file combined or separate Virginia individual income tax returns.\n\t\t\t“Poverty guidelines” means the poverty guidelines for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U.S. Department of Health and Human Services under the authority of § 673(2) of the Omnibus Budget Reconciliation Act of 1981.\n\t\t\t“Virginia adjusted gross income” has the same meaning as the term is defined in § 58.1-321.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216663,"text":"1. For taxable years beginning on and after January 1, 2000, any individual or married individuals filing jointly whose family Virginia adjusted gross income does not exceed 100 percent of the poverty guideline amount corresponding to a household of an equal number of persons as listed in the poverty guidelines published during such taxable year, shall be allowed a nonrefundable credit against the tax levied pursuant to \u00a7 58.1-320 in an amount equal to $300 each for the individual, the individual’s spouse, and any person claimed as a dependent on the individual’s or married individuals’ income tax return for the taxable year. For any taxable year in which married individuals file separate Virginia income tax returns, the credit provided under this section shall be allowed against the tax for only one of such two tax returns. Additionally, the credit provided under this section shall not be allowed against such tax of a dependent of the individual or of married individuals.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":216664,"text":"For taxable years beginning on and after January 1, 2006, any individual or married individuals filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1, claim a nonrefundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 20 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year. In no case shall a household be allowed a credit pursuant to this subdivision and subdivision 1 or 3 for the same taxable year.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"3":{"id":216665,"text":"a. For taxable years beginning on and after January 1, 2022, but before January 1, 2025 any individual or married individuals filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 15 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tb. For taxable years beginning on and after January 1, 2025 but before January 1, 2027, any individual or married individuals filing jointly may, for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320 in an amount equal to 20 percent of the credit claimed by the individual or married individuals for federal individual income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tc. The refundable credit claimed pursuant to this subdivision 3 shall be claimed on the Virginia income tax return and redeemed by the Tax Commissioner. In no case shall a household be allowed a credit pursuant to this subdivision 3 and subdivision 1 or 2 for the same taxable year.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"4":{"id":216666,"text":"The amount of the credit claimed pursuant to subdivision B 1 and B 2, or in the case of a nonresident or a person to which § 58.1-303 applies, subdivision B 3, for any taxable year shall not exceed the individual’s or married individuals’ Virginia income tax liability.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"5":{"id":216667,"text":"Notwithstanding any other provision of this section, no credit shall be allowed pursuant to subsection B in any taxable year in which the individual, the individual’s spouse, or both, or any person claimed as a dependent on such individual’s or married individuals’ income tax return, claims one or any combination of the following on his or their income tax return for such taxable year:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"6":{"id":216668,"text":"The subtraction under subdivision 8 of § 58.1-322.02;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":216669,"text":"The subtraction under subdivision 15 of § 58.1-322.02;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"8":{"id":216670,"text":"The subtraction under subdivision 16 of § 58.1-322.02;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"9":{"id":216671,"text":"The deduction for the additional personal exemption for blind or aged taxpayers under subdivision 2 b of § 58.1-322.03; or","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"10":{"id":216672,"text":"The deduction under subdivision 5 of § 58.1-322.03.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4"}},"ancestry":[{"id":14016,"edition_id":1,"name":"Tax Credits for Individuals","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":254153,"object_type":"structure","relational_id":14016,"identifier":"3","token":"58.1\/I\/3\/3","url":"\/58.1\/I\/3\/3\/","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":79817,"structure_id":14016,"section_number":"58.1-330","catch_line":"Repealed","url":"\/58.1-330\/","token":"58.1\/I\/3\/3\/58.1-330","metadata":false},{"id":69848,"structure_id":14016,"section_number":"58.1-331","catch_line":"Repealed","url":"\/58.1-331\/","token":"58.1\/I\/3\/3\/58.1-331","metadata":false},{"id":85325,"structure_id":14016,"section_number":"58.1-332","catch_line":"Credits for taxes paid other states","url":"\/58.1-332\/","token":"58.1\/I\/3\/3\/58.1-332","metadata":false},{"id":77703,"structure_id":14016,"section_number":"58.1-332.1","catch_line":"Credit for taxes paid to a foreign country on retirement income","url":"\/58.1-332.1\/","token":"58.1\/I\/3\/3\/58.1-332.1","metadata":false},{"id":65718,"structure_id":14016,"section_number":"58.1-332.2","catch_line":"(Applicable for taxable years beginning on or after January 1, 2007) Definition of income tax","url":"\/58.1-332.2\/","token":"58.1\/I\/3\/3\/58.1-332.2","metadata":false},{"id":72337,"structure_id":14016,"section_number":"58.1-333","catch_line":"Repealed","url":"\/58.1-333\/","token":"58.1\/I\/3\/3\/58.1-333","metadata":false},{"id":73300,"structure_id":14016,"section_number":"58.1-334","catch_line":"Tax credit for purchase of conservation tillage equipment","url":"\/58.1-334\/","token":"58.1\/I\/3\/3\/58.1-334","metadata":false},{"id":64999,"structure_id":14016,"section_number":"58.1-335","catch_line":"Repealed","url":"\/58.1-335\/","token":"58.1\/I\/3\/3\/58.1-335","metadata":false},{"id":76356,"structure_id":14016,"section_number":"58.1-336","catch_line":"Repealed","url":"\/58.1-336\/","token":"58.1\/I\/3\/3\/58.1-336","metadata":false},{"id":80901,"structure_id":14016,"section_number":"58.1-337","catch_line":"Tax credit for purchase of conservation tillage and precision agriculture equipment","url":"\/58.1-337\/","token":"58.1\/I\/3\/3\/58.1-337","metadata":false},{"id":84005,"structure_id":14016,"section_number":"58.1-338","catch_line":"Expired","url":"\/58.1-338\/","token":"58.1\/I\/3\/3\/58.1-338","metadata":false},{"id":68217,"structure_id":14016,"section_number":"58.1-339","catch_line":"Repealed","url":"\/58.1-339\/","token":"58.1\/I\/3\/3\/58.1-339","metadata":false},{"id":66380,"structure_id":14016,"section_number":"58.1-339.1","catch_line":"Repealed","url":"\/58.1-339.1\/","token":"58.1\/I\/3\/3\/58.1-339.1","metadata":false},{"id":61287,"structure_id":14016,"section_number":"58.1-339.10","catch_line":"Riparian forest buffer protection for waterways tax 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credit","url":"\/58.1-339.2\/","token":"58.1\/I\/3\/3\/58.1-339.2","metadata":false},{"id":65078,"structure_id":14016,"section_number":"58.1-339.3","catch_line":"Agricultural best management practices tax credit","url":"\/58.1-339.3\/","token":"58.1\/I\/3\/3\/58.1-339.3","metadata":false},{"id":62148,"structure_id":14016,"section_number":"58.1-339.4","catch_line":"Qualified equity and subordinated debt investments tax credit","url":"\/58.1-339.4\/","token":"58.1\/I\/3\/3\/58.1-339.4","metadata":false},{"id":69444,"structure_id":14016,"section_number":"58.1-339.5","catch_line":"Repealed","url":"\/58.1-339.5\/","token":"58.1\/I\/3\/3\/58.1-339.5","metadata":false},{"id":64454,"structure_id":14016,"section_number":"58.1-339.6","catch_line":"Political candidate contribution tax credit","url":"\/58.1-339.6\/","token":"58.1\/I\/3\/3\/58.1-339.6","metadata":false},{"id":77593,"structure_id":14016,"section_number":"58.1-339.7","catch_line":"Livable Home Tax Credit","url":"\/58.1-339.7\/","token":"58.1\/I\/3\/3\/58.1-339.7","metadata":false},{"id":59088,"structure_id":14016,"section_number":"58.1-339.8","catch_line":"Income tax credit for low-income taxpayers","url":"\/58.1-339.8\/","token":"58.1\/I\/3\/3\/58.1-339.8","metadata":false},{"id":55105,"structure_id":14016,"section_number":"58.1-339.9","catch_line":"Repealed","url":"\/58.1-339.9\/","token":"58.1\/I\/3\/3\/58.1-339.9","metadata":false}],"previous_section":{"id":77593,"structure_id":14016,"section_number":"58.1-339.7","catch_line":"Livable Home Tax Credit","url":"\/58.1-339.7\/","token":"58.1\/I\/3\/3\/58.1-339.7","metadata":false},"next_section":{"id":55105,"structure_id":14016,"section_number":"58.1-339.9","catch_line":"Repealed","url":"\/58.1-339.9\/","token":"58.1\/I\/3\/3\/58.1-339.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-339.8\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 397<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. 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 2017, chapter 444<\/a>; in 2020, chapter 900<\/a>; in 2025, chapter 725<\/a>.<\/p>","references":[{"id":57817,"section_number":"58.1-3","catch_line":"Secrecy of information; penalties","order_by":null,"url":"\/58.1-3\/"},{"id":57585,"section_number":"63.2-527","catch_line":"Notice of earned income tax credit","order_by":null,"url":"\/63.2-527\/"}],"refers_to":[{"id":76987,"section_number":"58.1-303","catch_line":"Residency for portion of tax year","order_by":null,"url":"\/58.1-303\/"},{"id":62270,"section_number":"58.1-320","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-320\/"},{"id":81784,"section_number":"58.1-322.02","catch_line":"Virginia taxable income; subtractions","order_by":null,"url":"\/58.1-322.02\/"},{"id":79461,"section_number":"58.1-322.03","catch_line":"Virginia taxable income; deductions","order_by":null,"url":"\/58.1-322.03\/"}],"permalink":{"id":254251,"object_type":"law","relational_id":59088,"identifier":"58.1-339.8","token":"58.1\/I\/3\/3\/58.1-339.8","url":"\/58.1-339.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-339.8\/","token":"58.1\/I\/3\/3\/58.1-339.8","dublin_core":{"Title":"Income tax credit for low-income taxpayers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-339.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section,:\n\t\t\t“Family Virginia adjusted gross income<\/span><\/span>” means the combined Virginia adjusted gross income<\/span> of an individual<\/span>, the individual<\/span>’s spouse, and any person claimed as a dependent on the individual<\/span>’s or his spouse’s income tax return for the taxable year.\n\t\t\t“Household<\/span>” means an individual<\/span>, or in the case of married individuals<\/span>, an individual<\/span> and his spouse, regardless of whether or not the individual<\/span> and his spouse file combined or separate Virginia individual<\/span> income tax returns.\n\t\t\t“Poverty guidelines<\/span>” means the poverty guidelines<\/span> for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U.S. Department<\/span> of Health and Human Services under the authority of § 673(2) of the Omnibus Budget Reconciliation Act of 1981.\n\t\t\t“Virginia adjusted gross income<\/span>” has the same meaning as the term is defined in § 58.1-321<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. For taxable years beginning on and after January 1, 2000, any individual<\/span> or married individuals<\/span> filing jointly whose family Virginia adjusted gross income<\/span><\/span> does not exceed 100 percent of the poverty guideline amount corresponding to a household<\/span> of an equal number of persons as listed in the poverty guidelines<\/span> published during such taxable year, shall be allowed a nonrefundable credit against the tax levied pursuant to \u00a7 58.1-320<\/a> in an amount equal to $300 each for the individual<\/span>, the individual<\/span>’s spouse, and any person claimed as a dependent on the individual<\/span>’s or married individuals<\/span>’ income tax return for the taxable year. For any taxable year in which married individuals<\/span> file separate Virginia income tax returns, the credit provided under this section shall be allowed against the tax for only one of such two tax returns. Additionally, the credit provided under this section shall not be allowed against such tax of a dependent of the individual<\/span> or of married individuals<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For taxable years beginning on and after January 1, 2006, any individual<\/span> or married individuals<\/span> filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1, claim a nonrefundable credit against the tax imposed pursuant to § 58.1-320<\/a> in an amount equal to 20 percent of the credit claimed by the individual<\/span> or married individuals<\/span> for federal individual<\/span> income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year. In no case shall a household<\/span> be allowed a credit pursuant to this subdivision and subdivision 1 or 3 for the same taxable year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a. For taxable years beginning on and after January 1, 2022, but before January 1, 2025 any individual<\/span> or married individuals<\/span> filing jointly, eligible for a tax credit pursuant to § 32 of the Internal Revenue Code, may for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320<\/a> in an amount equal to 15 percent of the credit claimed by the individual<\/span> or married individuals<\/span> for federal individual<\/span> income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tb. For taxable years beginning on and after January 1, 2025 but before January 1, 2027, any individual<\/span> or married individuals<\/span> filing jointly may, for the taxable year, in lieu of the credit authorized under subdivision 1 or 2, claim a refundable credit against the tax imposed pursuant to § 58.1-320<\/a> in an amount equal to 20 percent of the credit claimed by the individual<\/span> or married individuals<\/span> for federal individual<\/span> income taxes pursuant to § 32 of the Internal Revenue Code for the taxable year.\n\t\t\t\tc. The refundable credit claimed pursuant to this subdivision 3 shall be claimed on the Virginia income tax return and redeemed by the Tax Commissioner<\/span>. In no case shall a household<\/span> be allowed a credit pursuant to this subdivision 3 and subdivision 1 or 2 for the same taxable year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The amount of the credit claimed pursuant to subdivision B 1 and B 2, or in the case of a nonresident or a person to which § 58.1-303<\/a> applies, subdivision B 3, for any taxable year shall not exceed the individual<\/span>’s or married individuals<\/span>’ Virginia income tax liability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of this section, no credit shall be allowed pursuant to subsection B in any taxable year in which the individual<\/span>, the individual<\/span>’s spouse, or both, or any person claimed as a dependent on such individual<\/span>’s or married individuals<\/span>’ income tax return, claims one or any combination of the following on his or their income tax return for such taxable year: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The subtraction under subdivision 8 of § 58.1-322.02<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The subtraction under subdivision 15 of § 58.1-322.02<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The subtraction under subdivision 16 of § 58.1-322.02<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The deduction for the additional personal exemption for blind or aged taxpayers<\/span> under subdivision 2 b of § 58.1-322.03<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The deduction under subdivision 5 of § 58.1-322.03<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINCOME TAX CREDIT FOR LOW-INCOME TAXPAYERS (\u00a7 58.1-339.8)\n\nA. For purposes of this section,:\n\t\t\t“Family Virginia adjusted gross income” means the combined\nVirginia adjusted gross income of an individual, the individual’s spouse,\nand any person claimed as a dependent on the individual’s or his\nspouse’s income tax return for the taxable year.\n\t\t\t“Household” means an individual, or in the case of married\nindividuals, an individual and his spouse, regardless of whether or not the\nindividual and his spouse file combined or separate Virginia individual income\ntax returns.\n\t\t\t“Poverty guidelines” means the poverty guidelines for the 48\ncontiguous states and the District of Columbia updated annually in the Federal\nRegister by the U.S. Department of Health and Human Services under the authority\nof § 673(2) of the Omnibus Budget Reconciliation Act of 1981.\n\t\t\t“Virginia adjusted gross income” has the same meaning as the term\nis defined in § 58.1-321.\n\nB. 1. For taxable years beginning on and after January 1, 2000, any individual\nor married individuals filing jointly whose family Virginia adjusted gross\nincome does not exceed 100 percent of the poverty guideline amount corresponding\nto a household of an equal number of persons as listed in the poverty guidelines\npublished during such taxable year, shall be allowed a nonrefundable credit\nagainst the tax levied pursuant to \u00a7 58.1-320 in an amount equal to $300 each\nfor the individual, the individual’s spouse, and any person claimed as a\ndependent on the individual’s or married individuals’ income tax\nreturn for the taxable year. For any taxable year in which married individuals\nfile separate Virginia income tax returns, the credit provided under this\nsection shall be allowed against the tax for only one of such two tax returns.\nAdditionally, the credit provided under this section shall not be allowed\nagainst such tax of a dependent of the individual or of married individuals.\n\n 2. For taxable years beginning on and after January 1, 2006, any individual or\n married individuals filing jointly, eligible for a tax credit pursuant to\n § 32 of the Internal Revenue Code, may for the taxable year, in lieu of\n the credit authorized under subdivision 1, claim a nonrefundable credit\n against the tax imposed pursuant to § 58.1-320 in an amount equal to 20\n percent of the credit claimed by the individual or married individuals for\n federal individual income taxes pursuant to § 32 of the Internal Revenue\n Code for the taxable year. In no case shall a household be allowed a credit\n pursuant to this subdivision and subdivision 1 or 3 for the same taxable year.\n\n 3. a. For taxable years beginning on and after January 1, 2022, but before\n January 1, 2025 any individual or married individuals filing jointly, eligible\n for a tax credit pursuant to § 32 of the Internal Revenue Code, may for\n the taxable year, in lieu of the credit authorized under subdivision 1 or 2,\n claim a refundable credit against the tax imposed pursuant to § 58.1-320\n in an amount equal to 15 percent of the credit claimed by the individual or\n married individuals for federal individual income taxes pursuant to § 32\n of the Internal Revenue Code for the taxable year.\n \t\t\t\tb. For taxable years beginning on and after January 1, 2025 but before\n January 1, 2027, any individual or married individuals filing jointly may, for\n the taxable year, in lieu of the credit authorized under subdivision 1 or 2,\n claim a refundable credit against the tax imposed pursuant to § 58.1-320\n in an amount equal to 20 percent of the credit claimed by the individual or\n married individuals for federal individual income taxes pursuant to § 32\n of the Internal Revenue Code for the taxable year.\n \t\t\t\tc. The refundable credit claimed pursuant to this subdivision 3 shall be\n claimed on the Virginia income tax return and redeemed by the Tax\n Commissioner. In no case shall a household be allowed a credit pursuant to\n this subdivision 3 and subdivision 1 or 2 for the same taxable year.\n\nC. The amount of the credit claimed pursuant to subdivision B 1 and B 2, or in\nthe case of a nonresident or a person to which § 58.1-303 applies,\nsubdivision B 3, for any taxable year shall not exceed the individual’s or\nmarried individuals’ Virginia income tax liability.\n\nD. Notwithstanding any other provision of this section, no credit shall be\nallowed pursuant to subsection B in any taxable year in which the individual,\nthe individual’s spouse, or both, or any person claimed as a dependent on\nsuch individual’s or married individuals’ income tax return, claims\none or any combination of the following on his or their income tax return for\nsuch taxable year:\n\n 1. The subtraction under subdivision 8 of § 58.1-322.02;\n\n 2. The subtraction under subdivision 15 of § 58.1-322.02;\n\n 3. The subtraction under subdivision 16 of § 58.1-322.02;\n\n 4. The deduction for the additional personal exemption for blind or aged\n taxpayers under subdivision 2 b of § 58.1-322.03; or\n\n 5. The deduction under subdivision 5 of § 58.1-322.03.\n\nHISTORY: 2000, c. 397; 2004, Sp. Sess. I, c. 3; 2017, c. 444; 2020, c. 900;\n2022, Sp. Sess. I, cc. 1, 2; 2023, Sp. Sess. I, c. 1; 2025, c. 725.","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}}