{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-390.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-390.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-390.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-390.1.html"}],"law_id":59823,"edition_id":1,"section_id":59823,"structure_id":15650,"section_number":"58.1-390.1","catch_line":"Definitions","history":"2004, Sp. Sess. I, c. 3; 2022, cc. 689, 690; 2023, cc. 686, 687.","full_text":"The following words and terms, when used in this article, shall have the following meanings unless the context clearly indicates otherwise:\n\t\t“Eligible owner” means a direct owner of a pass-through entity who is a natural person subject to the tax imposed by Article 2 (\u00a7 58.1-320 et seq.) or an estate or trust subject to the tax imposed by Article 6 (\u00a7 58.1-360 et seq.).\n\t\t“Owner” means any individual or entity who is treated as a partner, member, or shareholder of a pass-through entity for federal income tax purposes.\n\t\t“Pass-through entity” means any entity, including a limited partnership, a limited liability partnership, a general partnership, a limited liability company, a professional limited liability company, a business trust, or a Subchapter S corporation, that is recognized as a separate entity for federal income tax purposes, in which the partners, members, or shareholders report their share of the income, gains, losses, deductions, and credits from the entity on their federal income tax returns or make the election and pay the tax levied pursuant to \u00a7 58.1-390.3.","order_by":null,"text":{"0":{"id":219090,"text":"The following words and terms, when used in this article, shall have the following meanings unless the context clearly indicates otherwise:\n\t\t“Eligible owner” means a direct owner of a pass-through entity who is a natural person subject to the tax imposed by Article 2 (\u00a7 58.1-320 et seq.) or an estate or trust subject to the tax imposed by Article 6 (\u00a7 58.1-360 et seq.).\n\t\t“Owner” means any individual or entity who is treated as a partner, member, or shareholder of a pass-through entity for federal income tax purposes.\n\t\t“Pass-through entity” means any entity, including a limited partnership, a limited liability partnership, a general partnership, a limited liability company, a professional limited liability company, a business trust, or a Subchapter S corporation, that is recognized as a separate entity for federal income tax purposes, in which the partners, members, or shareholders report their share of the income, gains, losses, deductions, and credits from the entity on their federal income tax returns or make the election and pay the tax levied pursuant to \u00a7 58.1-390.3.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15650,"edition_id":1,"name":"Taxation of Partnerships","identifier":"9","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:57:23","date_modified":"2026-06-26 03:57:23","permalink":{"id":254443,"object_type":"structure","relational_id":15650,"identifier":"9","token":"58.1\/I\/3\/9","url":"\/58.1\/I\/3\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13152,"edition_id":1,"name":"Income 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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":74075,"structure_id":15650,"section_number":"58.1-390","catch_line":"Repealed","url":"\/58.1-390\/","token":"58.1\/I\/3\/9\/58.1-390","metadata":false},{"id":59823,"structure_id":15650,"section_number":"58.1-390.1","catch_line":"Definitions","url":"\/58.1-390.1\/","token":"58.1\/I\/3\/9\/58.1-390.1","metadata":false},{"id":63914,"structure_id":15650,"section_number":"58.1-390.2","catch_line":"Taxation of pass-through entities","url":"\/58.1-390.2\/","token":"58.1\/I\/3\/9\/58.1-390.2","metadata":false},{"id":68682,"structure_id":15650,"section_number":"58.1-390.3","catch_line":"Elective income tax on pass-through entities","url":"\/58.1-390.3\/","token":"58.1\/I\/3\/9\/58.1-390.3","metadata":false},{"id":62953,"structure_id":15650,"section_number":"58.1-391","catch_line":"Virginia taxable income of owners of a pass-through entity","url":"\/58.1-391\/","token":"58.1\/I\/3\/9\/58.1-391","metadata":false},{"id":62314,"structure_id":15650,"section_number":"58.1-392","catch_line":"Reports by pass-through entities","url":"\/58.1-392\/","token":"58.1\/I\/3\/9\/58.1-392","metadata":false},{"id":80179,"structure_id":15650,"section_number":"58.1-393","catch_line":"Repealed","url":"\/58.1-393\/","token":"58.1\/I\/3\/9\/58.1-393","metadata":false},{"id":78819,"structure_id":15650,"section_number":"58.1-393.1","catch_line":"Extension of time for filing return by pass-through entity","url":"\/58.1-393.1\/","token":"58.1\/I\/3\/9\/58.1-393.1","metadata":false},{"id":61557,"structure_id":15650,"section_number":"58.1-394","catch_line":"Repealed","url":"\/58.1-394\/","token":"58.1\/I\/3\/9\/58.1-394","metadata":false},{"id":63527,"structure_id":15650,"section_number":"58.1-394.1","catch_line":"Failure of pass-through entity to make a return","url":"\/58.1-394.1\/","token":"58.1\/I\/3\/9\/58.1-394.1","metadata":false},{"id":74881,"structure_id":15650,"section_number":"58.1-394.2","catch_line":"Fraudulent returns, etc., of pass-through entities; penalty","url":"\/58.1-394.2\/","token":"58.1\/I\/3\/9\/58.1-394.2","metadata":false},{"id":73458,"structure_id":15650,"section_number":"58.1-394.3","catch_line":"Pass-through entity items","url":"\/58.1-394.3\/","token":"58.1\/I\/3\/9\/58.1-394.3","metadata":false},{"id":60426,"structure_id":15650,"section_number":"58.1-395","catch_line":"Nonresident owners","url":"\/58.1-395\/","token":"58.1\/I\/3\/9\/58.1-395","metadata":false}],"previous_section":{"id":74075,"structure_id":15650,"section_number":"58.1-390","catch_line":"Repealed","url":"\/58.1-390\/","token":"58.1\/I\/3\/9\/58.1-390","metadata":false},"next_section":{"id":63914,"structure_id":15650,"section_number":"58.1-390.2","catch_line":"Taxation of pass-through entities","url":"\/58.1-390.2\/","token":"58.1\/I\/3\/9\/58.1-390.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-390.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 2022, chapters 689<\/a> and 690<\/a>; in 2023, chapters 686<\/a> and 687<\/a>.<\/p>","references":[{"id":61784,"section_number":"2.2-1616","catch_line":"Creation, administration, and management of the Small Business Investment Grant Fund","order_by":null,"url":"\/2.2-1616\/"},{"id":67971,"section_number":"58.1-396","catch_line":"Definitions","order_by":null,"url":"\/58.1-396\/"},{"id":56464,"section_number":"58.1-405.1","catch_line":"Eligibility of companies for apportionment modification; certification by the Virginia Economic Development Partnership Authority","order_by":null,"url":"\/58.1-405.1\/"},{"id":59667,"section_number":"58.1-486.1","catch_line":"Definitions","order_by":null,"url":"\/58.1-486.1\/"},{"id":71204,"section_number":"58.1-486.2","catch_line":"Withholding tax on Virginia source income of nonresident owners","order_by":null,"url":"\/58.1-486.2\/"}],"refers_to":[{"id":62270,"section_number":"58.1-320","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-320\/"},{"id":82371,"section_number":"58.1-360","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-360\/"},{"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\/"}],"permalink":{"id":254449,"object_type":"law","relational_id":59823,"identifier":"58.1-390.1","token":"58.1\/I\/3\/9\/58.1-390.1","url":"\/58.1-390.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-390.1\/","token":"58.1\/I\/3\/9\/58.1-390.1","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-390.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following words and terms, when used in this article, shall have the following meanings unless the context clearly indicates otherwise:\n\t\t“Eligible owner<\/span>” means a direct owner of a pass-through entity<\/span> who is a natural person subject to the tax imposed by Article 2 (\u00a7 58.1-320<\/a> et seq.) or an estate<\/span> or trust<\/span> subject to the tax imposed by Article 6 (\u00a7 58.1-360<\/a> et seq.).\n\t\t“Owner” means any individual<\/span> or entity who is treated as a partner, member, or shareholder of a pass-through entity<\/span> for federal income tax purposes.\n\t\t“Pass-through entity<\/span>” means any entity, including a limited partnership, a limited liability partnership, a general partnership, a limited liability company, a professional limited liability company, a business trust<\/span>, or a Subchapter S corporation<\/span>, that is recognized as a separate entity for federal income tax purposes, in which the partners, members, or shareholders report their share of the income, gains, losses, deductions, and credits from the entity on their federal income tax returns or make the election and pay the tax levied pursuant to \u00a7 58.1-390.3<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 58.1-390.1)\n\nThe following words and terms, when used in this article, shall have the\nfollowing meanings unless the context clearly indicates otherwise:\n\t\t“Eligible owner” means a direct owner of a pass-through entity who\nis a natural person subject to the tax imposed by Article 2 (\u00a7 58.1-320 et\nseq.) or an estate or trust subject to the tax imposed by Article 6 (\u00a7 58.1-360\net seq.).\n\t\t“Owner” means any individual or entity who is treated as a\npartner, member, or shareholder of a pass-through entity for federal income tax\npurposes.\n\t\t“Pass-through entity” means any entity, including a limited\npartnership, a limited liability partnership, a general partnership, a limited\nliability company, a professional limited liability company, a business trust,\nor a Subchapter S corporation, that is recognized as a separate entity for\nfederal income tax purposes, in which the partners, members, or shareholders\nreport their share of the income, gains, losses, deductions, and credits from\nthe entity on their federal income tax returns or make the election and pay the\ntax levied pursuant to \u00a7 58.1-390.3.\n\nHISTORY: 2004, Sp. Sess. I, c. 3; 2022, cc. 689, 690; 2023, cc. 686, 687.","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}}