{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-391.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-391.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-391.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-391.html"}],"law_id":62953,"edition_id":1,"section_id":62953,"structure_id":15650,"section_number":"58.1-391","catch_line":"Virginia taxable income of owners of a pass-through entity","history":"Code 1950, \u00a7 58-151.014; 1971, Ex. Sess., c. 171; 1984, c. 675; 2004, Sp. Sess. I, c. 3; 2017, c. 444.","full_text":"A\n\nIn determining Virginia taxable income of an owner, any modification described in §§ 58.1-322.01, 58.1-322.02, 58.1-322.03, and 58.1-322.04 that relates to an item of pass-through entity income, gain, loss or deduction shall be made in accordance with the owner’s distributive share, for federal income tax purposes, of the item to which the modification relates. Where an owner’s distributive share of any such item is not included in any category of income, gain, loss or deduction required to be taken into account separately for federal income tax purposes, the owner’s distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of pass-through entity taxable income or loss.B\n\nEach item of pass-through entity income, gain, loss or deduction shall have the same character for an owner under this chapter as for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the same character for an owner as if realized directly from the source from which realized by the pass-through entity or incurred in the same manner by the pass-through entity.C\n\nWhere an owner’s distributive shares of an item of pass-through entity income, gain, loss or deduction is determined for federal income tax purposes by special provision in the pass-through entity agreement with respect to such item, and where the principal purpose of such provision is the avoidance or evasion of tax under this chapter, the owner’s distributive share of such item, and any modification required with respect thereto, shall be determined as if the pass-through entity agreement made no special provision with respect to such item.","order_by":null,"text":{"0":{"id":229633,"text":"In determining Virginia taxable income of an owner, any modification described in §§ 58.1-322.01, 58.1-322.02, 58.1-322.03, and 58.1-322.04 that relates to an item of pass-through entity income, gain, loss or deduction shall be made in accordance with the owner’s distributive share, for federal income tax purposes, of the item to which the modification relates. Where an owner’s distributive share of any such item is not included in any category of income, gain, loss or deduction required to be taken into account separately for federal income tax purposes, the owner’s distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of pass-through entity taxable income or loss.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229634,"text":"Each item of pass-through entity income, gain, loss or deduction shall have the same character for an owner under this chapter as for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the same character for an owner as if realized directly from the source from which realized by the pass-through entity or incurred in the same manner by the pass-through entity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229635,"text":"Where an owner’s distributive shares of an item of pass-through entity income, gain, loss or deduction is determined for federal income tax purposes by special provision in the pass-through entity agreement with respect to such item, and where the principal purpose of such provision is the avoidance or evasion of tax under this chapter, the owner’s distributive share of such item, and any modification required with respect thereto, shall be determined as if the pass-through entity agreement made no special provision with respect to such item.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 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":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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-391\/","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 1984, chapter 675; in 2017, chapter 444<\/a>.<\/p>","references":[{"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":73458,"section_number":"58.1-394.3","catch_line":"Pass-through entity items","order_by":null,"url":"\/58.1-394.3\/"}],"refers_to":[{"id":85168,"section_number":"58.1-322.01","catch_line":"Virginia taxable income; additions","order_by":null,"url":"\/58.1-322.01\/"},{"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\/"},{"id":67865,"section_number":"58.1-322.04","catch_line":"Virginia taxable income; additional modifications","order_by":null,"url":"\/58.1-322.04\/"}],"permalink":{"id":254461,"object_type":"law","relational_id":62953,"identifier":"58.1-391","token":"58.1\/I\/3\/9\/58.1-391","url":"\/58.1-391\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-391\/","token":"58.1\/I\/3\/9\/58.1-391","dublin_core":{"Title":"Virginia taxable income of owners of a pass-through entity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-391","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In determining Virginia taxable income of an owner<\/span>, any modification described in §§ 58.1-322.01<\/a>, 58.1-322.02<\/a>, 58.1-322.03<\/a>, and 58.1-322.04<\/a> that relates to an item of pass-through entity<\/span> income, gain, loss or deduction shall be made in accordance with the owner<\/span>’s distributive share, for federal income tax purposes, of the item to which the modification relates. Where an owner<\/span>’s distributive share of any such item is not included in any category of income, gain, loss or deduction required to be taken into account separately for federal income tax purposes, the owner<\/span>’s distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of pass-through entity<\/span> taxable income or loss. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each item of pass-through entity<\/span> income, gain, loss or deduction shall have the same character for an owner<\/span> under this chapter as for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the same character for an owner<\/span> as if realized directly from the source from which realized by the pass-through entity<\/span> or incurred in the same manner by the pass-through entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where an owner<\/span>’s distributive shares of an item of pass-through entity<\/span> income, gain, loss or deduction is determined for federal income tax purposes by special provision in the pass-through entity<\/span> agreement with respect to such item, and where the principal purpose of such provision is the avoidance or evasion of tax under this chapter, the owner<\/span>’s distributive share of such item, and any modification required with respect thereto, shall be determined as if the pass-through entity<\/span> agreement made no special provision with respect to such item. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA TAXABLE INCOME OF OWNERS OF A PASS-THROUGH ENTITY (\u00a7 58.1-391)\n\nA. In determining Virginia taxable income of an owner, any modification\ndescribed in §§ 58.1-322.01, 58.1-322.02, 58.1-322.03, and 58.1-322.04\nthat relates to an item of pass-through entity income, gain, loss or deduction\nshall be made in accordance with the owner’s distributive share, for\nfederal income tax purposes, of the item to which the modification relates.\nWhere an owner’s distributive share of any such item is not included in\nany category of income, gain, loss or deduction required to be taken into\naccount separately for federal income tax purposes, the owner’s\ndistributive share of such item shall be determined in accordance with his\ndistributive share, for federal income tax purposes, of pass-through entity\ntaxable income or loss.\n\nB. Each item of pass-through entity income, gain, loss or deduction shall have\nthe same character for an owner under this chapter as for federal income tax\npurposes. Where an item is not characterized for federal income tax purposes, it\nshall have the same character for an owner as if realized directly from the\nsource from which realized by the pass-through entity or incurred in the same\nmanner by the pass-through entity.\n\nC. Where an owner’s distributive shares of an item of pass-through entity\nincome, gain, loss or deduction is determined for federal income tax purposes by\nspecial provision in the pass-through entity agreement with respect to such\nitem, and where the principal purpose of such provision is the avoidance or\nevasion of tax under this chapter, the owner’s distributive share of such\nitem, and any modification required with respect thereto, shall be determined as\nif the pass-through entity agreement made no special provision with respect to\nsuch item.\n\nHISTORY: Code 1950, \u00a7 58-151.014; 1971, Ex. Sess., c. 171; 1984, c. 675; 2004,\nSp. Sess. I, c. 3; 2017, c. 444.","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}}