{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-439.24.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-439.24.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-439.24.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-439.24.html"}],"law_id":79905,"edition_id":1,"section_id":79905,"structure_id":14309,"section_number":"58.1-439.24","catch_line":"Donations by individuals","history":"2000, c. 946, \u00a7 63.1-325.2; 2001, cc. 292, 300; 2002, cc. 563, 747, \u00a7 63.2-2006; 2005, c. 82; 2008, cc. 463, 585; 2009, c. 851; 2012, cc. 731, 842; 2013, cc. 713, 716; 2015, c. 56.","full_text":"For purposes of this section, the term “individual” means the same as that term is defined in \u00a7 58.1-302, but excluding any individual included in the definition of a “business firm” as such term is defined in \u00a7 58.1-439.18.\n\nA\n\nNotwithstanding any provision of this article limiting eligibility for tax credits, an individual making a monetary donation or a donation of marketable securities to a neighborhood organization approved under this article shall be eligible for a credit against taxes imposed by § 58.1-320 as provided in this section.B\n\nNotwithstanding any provision of this article specifying the amount of a tax credit, a tax credit issued to an individual making a monetary donation or a donation of marketable securities to an approved project shall be equal to 65 percent of the value of such donation; however, tax credits (i) shall not be issued for any donation made in the taxable year with a value of less than $500 and (ii) shall be issued only for the first $125,000 in value of donations made by the individual during the taxable year. The maximum aggregate donations of $125,000 for the taxable year for which tax credits may be issued and the minimum required donation of $500 shall apply on an individual basis.C\n\nAn individual shall be eligible for a tax credit under this section only to the extent that sufficient tax credits allocated to the neighborhood organization approved under this article are available. Notwithstanding that this section establishes a tax credit of 65 percent of the value of the qualified donation, an individual may by written agreement accept a lesser tax credit percentage from a neighborhood organization for any otherwise qualified donation he has made.D\n\nThe amount of credit allowed pursuant to this section, if such credit has been issued by the Superintendent of Public Instruction or the Commissioner of Social Services, shall not exceed the tax imposed pursuant to § 58.1-320 for such taxable year. Any credit not usable for the taxable year may be carried over for credit against the individual’s income taxes until the earlier of (i) the full amount of the credit is used or (ii) the expiration of the fifth taxable year after the taxable year in which the tax credit has been issued to such individual. If an individual that is subject to the tax limitation imposed pursuant to this subsection is allowed another credit pursuant to any other section of the Code of Virginia, or has a credit carryover from a preceding taxable year, such individual shall be considered to have first utilized any credit allowed that does not have a carryover provision, and then any credit that is carried forward from a preceding taxable year, prior to the utilization of any credit allowed pursuant to this section.E\n\nA tax credit shall be issued by the Superintendent of Public Instruction or the Commissioner of Social Services to an individual only upon receipt of a certification made by a neighborhood organization to whom tax credits were allocated for an approved program pursuant to § 58.1-439.20.\n\t\t\tThe certification shall identify the type and value of the donation received, the individual making the donation, and the tax credit percentage to be used in determining the amount of the tax credit. The certification shall also include any written agreement under which an individual accepts a tax credit of less than 65 percent for a donation.","order_by":null,"text":{"0":{"id":286199,"text":"For purposes of this section, the term “individual” means the same as that term is defined in \u00a7 58.1-302, but excluding any individual included in the definition of a “business firm” as such term is defined in \u00a7 58.1-439.18.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":286200,"text":"Notwithstanding any provision of this article limiting eligibility for tax credits, an individual making a monetary donation or a donation of marketable securities to a neighborhood organization approved under this article shall be eligible for a credit against taxes imposed by § 58.1-320 as provided in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"B"},"2":{"id":286201,"text":"Notwithstanding any provision of this article specifying the amount of a tax credit, a tax credit issued to an individual making a monetary donation or a donation of marketable securities to an approved project shall be equal to 65 percent of the value of such donation; however, tax credits (i) shall not be issued for any donation made in the taxable year with a value of less than $500 and (ii) shall be issued only for the first $125,000 in value of donations made by the individual during the taxable year. The maximum aggregate donations of $125,000 for the taxable year for which tax credits may be issued and the minimum required donation of $500 shall apply on an individual basis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"3":{"id":286202,"text":"An individual shall be eligible for a tax credit under this section only to the extent that sufficient tax credits allocated to the neighborhood organization approved under this article are available. Notwithstanding that this section establishes a tax credit of 65 percent of the value of the qualified donation, an individual may by written agreement accept a lesser tax credit percentage from a neighborhood organization for any otherwise qualified donation he has made.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":286203,"text":"The amount of credit allowed pursuant to this section, if such credit has been issued by the Superintendent of Public Instruction or the Commissioner of Social Services, shall not exceed the tax imposed pursuant to § 58.1-320 for such taxable year. Any credit not usable for the taxable year may be carried over for credit against the individual’s income taxes until the earlier of (i) the full amount of the credit is used or (ii) the expiration of the fifth taxable year after the taxable year in which the tax credit has been issued to such individual. If an individual that is subject to the tax limitation imposed pursuant to this subsection is allowed another credit pursuant to any other section of the Code of Virginia, or has a credit carryover from a preceding taxable year, such individual shall be considered to have first utilized any credit allowed that does not have a carryover provision, and then any credit that is carried forward from a preceding taxable year, prior to the utilization of any credit allowed pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":286204,"text":"A tax credit shall be issued by the Superintendent of Public Instruction or the Commissioner of Social Services to an individual only upon receipt of a certification made by a neighborhood organization to whom tax credits were allocated for an approved program pursuant to § 58.1-439.20.\n\t\t\tThe certification shall identify the type and value of the donation received, the individual making the donation, and the tax credit percentage to be used in determining the amount of the tax credit. The certification shall also include any written agreement under which an individual accepts a tax credit of less than 65 percent for a donation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14309,"edition_id":1,"name":"Neighborhood Assistance Act Tax Credit","identifier":"13.2","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:47:41","date_modified":"2026-06-26 03:47:41","permalink":{"id":253653,"object_type":"structure","relational_id":14309,"identifier":"13.2","token":"58.1\/I\/3\/13.2","url":"\/58.1\/I\/3\/13.2\/","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":71554,"structure_id":14309,"section_number":"58.1-439.18","catch_line":"Definitions","url":"\/58.1-439.18\/","token":"58.1\/I\/3\/13.2\/58.1-439.18","metadata":false},{"id":80953,"structure_id":14309,"section_number":"58.1-439.19","catch_line":"Public policy; business firms; donations","url":"\/58.1-439.19\/","token":"58.1\/I\/3\/13.2\/58.1-439.19","metadata":false},{"id":81203,"structure_id":14309,"section_number":"58.1-439.20","catch_line":"Proposals to the State Board of Social Services; regulations; tax credits authorized","url":"\/58.1-439.20\/","token":"58.1\/I\/3\/13.2\/58.1-439.20","metadata":false},{"id":68205,"structure_id":14309,"section_number":"58.1-439.20:1","catch_line":"Proposals to the Department of Education; guidelines; tax credits authorized","url":"\/58.1-439.20_1\/","token":"58.1\/I\/3\/13.2\/58.1-439.20_1","metadata":false},{"id":79720,"structure_id":14309,"section_number":"58.1-439.20:2","catch_line":"Expiration","url":"\/58.1-439.20_2\/","token":"58.1\/I\/3\/13.2\/58.1-439.20_2","metadata":false},{"id":55593,"structure_id":14309,"section_number":"58.1-439.21","catch_line":"Tax credit; amount; limitation; carry over","url":"\/58.1-439.21\/","token":"58.1\/I\/3\/13.2\/58.1-439.21","metadata":false},{"id":73200,"structure_id":14309,"section_number":"58.1-439.22","catch_line":"Donations of professional services","url":"\/58.1-439.22\/","token":"58.1\/I\/3\/13.2\/58.1-439.22","metadata":false},{"id":66992,"structure_id":14309,"section_number":"58.1-439.23","catch_line":"Donations of contracting services","url":"\/58.1-439.23\/","token":"58.1\/I\/3\/13.2\/58.1-439.23","metadata":false},{"id":79905,"structure_id":14309,"section_number":"58.1-439.24","catch_line":"Donations by individuals","url":"\/58.1-439.24\/","token":"58.1\/I\/3\/13.2\/58.1-439.24","metadata":false}],"previous_section":{"id":66992,"structure_id":14309,"section_number":"58.1-439.23","catch_line":"Donations of contracting services","url":"\/58.1-439.23\/","token":"58.1\/I\/3\/13.2\/58.1-439.23","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-439.24\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 946<\/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 8 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 2001, chapters 292<\/a> and 300<\/a>; in 2002, chapters 563<\/a> and 747<\/a>; in 2005, chapter 82<\/a>; in 2008, chapters 463<\/a> and 585<\/a>; in 2009, chapter 851<\/a>; in 2012, chapters 731<\/a> and 842<\/a>; in 2013, chapters 713<\/a> and 716<\/a>; in 2015, chapter 56<\/a>.<\/p>","references":false,"refers_to":[{"id":82538,"section_number":"58.1-302","catch_line":"Definitions","order_by":null,"url":"\/58.1-302\/"},{"id":62270,"section_number":"58.1-320","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-320\/"},{"id":71554,"section_number":"58.1-439.18","catch_line":"Definitions","order_by":null,"url":"\/58.1-439.18\/"},{"id":81203,"section_number":"58.1-439.20","catch_line":"Proposals to the State Board of Social Services; regulations; tax credits authorized","order_by":null,"url":"\/58.1-439.20\/"}],"permalink":{"id":253687,"object_type":"law","relational_id":79905,"identifier":"58.1-439.24","token":"58.1\/I\/3\/13.2\/58.1-439.24","url":"\/58.1-439.24\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-439.24\/","token":"58.1\/I\/3\/13.2\/58.1-439.24","dublin_core":{"Title":"Donations by individuals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-439.24","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For purposes of this section, the term “individual<\/span>” means the same as that term is defined in \u00a7 58.1-302<\/a>, but excluding any individual<\/span> included in the definition of a “business firm<\/span>” as such term is defined in \u00a7 58.1-439.18<\/a>.<\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of this article limiting eligibility for tax credits, an individual<\/span> making a monetary donation or a donation of marketable securities to a neighborhood organization<\/span> approved under this article shall be eligible for a credit against taxes imposed by § 58.1-320<\/a> as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any provision of this article specifying the amount of a tax credit, a tax credit issued to an individual<\/span> making a monetary donation or a donation of marketable securities to an approved project shall be equal to 65 percent of the value of such donation; however, tax credits (i) shall not be issued for any donation made in the taxable year with a value of less than $500 and (ii) shall be issued only for the first $125,000 in value of donations made by the individual<\/span> during the taxable year. The maximum aggregate donations of $125,000 for the taxable year for which tax credits may be issued and the minimum required donation of $500 shall apply on an individual<\/span> basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An individual<\/span> shall be eligible for a tax credit under this section only to the extent that sufficient tax credits allocated to the neighborhood organization<\/span> approved under this article are available. Notwithstanding that this section establishes a tax credit of 65 percent of the value of the qualified donation, an individual<\/span> may by written agreement accept a lesser tax credit percentage from a neighborhood organization<\/span> for any otherwise qualified donation he has made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The amount of credit allowed pursuant to this section, if such credit has been issued by the Superintendent of Public Instruction or the Commissioner of Social Services<\/span>, shall not exceed the tax imposed pursuant to § 58.1-320<\/a> for such taxable year. Any credit not usable for the taxable year may be carried over for credit against the individual<\/span>’s income taxes until the earlier of (i) the full amount of the credit is used or (ii) the expiration of the fifth taxable year after the taxable year in which the tax credit has been issued to such individual<\/span>. If an individual<\/span> that is subject to the tax limitation imposed pursuant to this subsection is allowed another credit pursuant to any other section of the Code of Virginia, or has a credit carryover from a preceding taxable year, such individual<\/span> shall be considered to have first utilized any credit allowed that does not have a carryover provision, and then any credit that is carried forward from a preceding taxable year, prior to the utilization of any credit allowed pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A tax credit shall be issued by the Superintendent of Public Instruction or the Commissioner of Social Services<\/span> to an individual<\/span> only upon receipt of a certification made by a neighborhood organization<\/span> to whom tax credits were allocated for an approved program pursuant to § 58.1-439.20<\/a>.\n\t\t\tThe certification shall identify the type and value of the donation received, the individual<\/span> making the donation, and the tax credit percentage to be used in determining the amount of the tax credit. The certification shall also include any written agreement under which an individual<\/span> accepts a tax credit of less than 65 percent for a donation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDONATIONS BY INDIVIDUALS (\u00a7 58.1-439.24)\n\nFor purposes of this section, the term “individual” means the same\nas that term is defined in \u00a7 58.1-302, but excluding any individual included in\nthe definition of a “business firm” as such term is defined in \u00a7\n58.1-439.18.\n\nA. Notwithstanding any provision of this article limiting eligibility for tax\ncredits, an individual making a monetary donation or a donation of marketable\nsecurities to a neighborhood organization approved under this article shall be\neligible for a credit against taxes imposed by § 58.1-320 as provided in\nthis section.\n\nB. Notwithstanding any provision of this article specifying the amount of a tax\ncredit, a tax credit issued to an individual making a monetary donation or a\ndonation of marketable securities to an approved project shall be equal to 65\npercent of the value of such donation; however, tax credits (i) shall not be\nissued for any donation made in the taxable year with a value of less than $500\nand (ii) shall be issued only for the first $125,000 in value of donations made\nby the individual during the taxable year. The maximum aggregate donations of\n$125,000 for the taxable year for which tax credits may be issued and the\nminimum required donation of $500 shall apply on an individual basis.\n\nC. An individual shall be eligible for a tax credit under this section only to\nthe extent that sufficient tax credits allocated to the neighborhood\norganization approved under this article are available. Notwithstanding that\nthis section establishes a tax credit of 65 percent of the value of the\nqualified donation, an individual may by written agreement accept a lesser tax\ncredit percentage from a neighborhood organization for any otherwise qualified\ndonation he has made.\n\nD. The amount of credit allowed pursuant to this section, if such credit has\nbeen issued by the Superintendent of Public Instruction or the Commissioner of\nSocial Services, shall not exceed the tax imposed pursuant to § 58.1-320\nfor such taxable year. Any credit not usable for the taxable year may be carried\nover for credit against the individual’s income taxes until the earlier of\n(i) the full amount of the credit is used or (ii) the expiration of the fifth\ntaxable year after the taxable year in which the tax credit has been issued to\nsuch individual. If an individual that is subject to the tax limitation imposed\npursuant to this subsection is allowed another credit pursuant to any other\nsection of the Code of Virginia, or has a credit carryover from a preceding\ntaxable year, such individual shall be considered to have first utilized any\ncredit allowed that does not have a carryover provision, and then any credit\nthat is carried forward from a preceding taxable year, prior to the utilization\nof any credit allowed pursuant to this section.\n\nE. A tax credit shall be issued by the Superintendent of Public Instruction or\nthe Commissioner of Social Services to an individual only upon receipt of a\ncertification made by a neighborhood organization to whom tax credits were\nallocated for an approved program pursuant to § 58.1-439.20.\n\t\t\tThe certification shall identify the type and value of the donation received,\nthe individual making the donation, and the tax credit percentage to be used in\ndetermining the amount of the tax credit. The certification shall also include\nany written agreement under which an individual accepts a tax credit of less\nthan 65 percent for a donation.\n\nHISTORY: 2000, c. 946, \u00a7 63.1-325.2; 2001, cc. 292, 300; 2002, cc. 563, 747, \u00a7\n63.2-2006; 2005, c. 82; 2008, cc. 463, 585; 2009, c. 851; 2012, cc. 731, 842;\n2013, cc. 713, 716; 2015, c. 56.","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}}