{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-486.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-486.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-486.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-486.3.html"}],"law_id":58398,"edition_id":1,"section_id":58398,"structure_id":15346,"section_number":"58.1-486.3","catch_line":"Penalty","history":"2010, c. 120.","full_text":"A\n\nIf any payment is not made in full when due, there shall be added to the entire tax or to any unpaid balance of the tax a penalty of six percent of the amount thereof, if the failure is for not more than one month, with an additional six percent for each additional month or fraction thereof during which such failure to pay continues, not exceeding 30 percent in the aggregate. The entire tax or any unpaid balance of the tax, together with such penalty and interest, shall immediately become collectible. Interest upon such tax or any unpaid balance of the tax and on the accrued penalty shall be added at a rate determined in accordance with § 58.1-15 from the date the tax or any unpaid balance of the tax was originally due until paid. In the case of an additional tax assessed by the Department, if the return was made in good faith and the understatement of the amount in the return was not due to any fault of the taxpayer, there shall be no penalty on the additional tax because of such understatement, but interest shall be added to the amount of the deficiency at a rate determined in accordance with § 58.1-15 from the time the return was required by law to be filed until paid.B\n\nIn any month or fraction thereof for which the pass-through entity is subject to the penalty imposed under § 58.1-394.1 and the penalty under this section, the greater of the two penalties shall apply.C\n\nThe penalty under this section shall not apply to any tax attributable to income that was included in a return filed pursuant to § 58.1-395.","order_by":null,"text":{"0":{"id":213853,"text":"If any payment is not made in full when due, there shall be added to the entire tax or to any unpaid balance of the tax a penalty of six percent of the amount thereof, if the failure is for not more than one month, with an additional six percent for each additional month or fraction thereof during which such failure to pay continues, not exceeding 30 percent in the aggregate. The entire tax or any unpaid balance of the tax, together with such penalty and interest, shall immediately become collectible. Interest upon such tax or any unpaid balance of the tax and on the accrued penalty shall be added at a rate determined in accordance with § 58.1-15 from the date the tax or any unpaid balance of the tax was originally due until paid. In the case of an additional tax assessed by the Department, if the return was made in good faith and the understatement of the amount in the return was not due to any fault of the taxpayer, there shall be no penalty on the additional tax because of such understatement, but interest shall be added to the amount of the deficiency at a rate determined in accordance with § 58.1-15 from the time the return was required by law to be filed until paid.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213854,"text":"In any month or fraction thereof for which the pass-through entity is subject to the penalty imposed under § 58.1-394.1 and the penalty under this section, the greater of the two penalties shall apply.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":213855,"text":"The penalty under this section shall not apply to any tax attributable to income that was included in a return filed pursuant to § 58.1-395.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15346,"edition_id":1,"name":"Withholding by Pass-Through Entities","identifier":"16.1","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:54:06","date_modified":"2026-06-26 03:54:06","permalink":{"id":253911,"object_type":"structure","relational_id":15346,"identifier":"16.1","token":"58.1\/I\/3\/16.1","url":"\/58.1\/I\/3\/16.1\/","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":59667,"structure_id":15346,"section_number":"58.1-486.1","catch_line":"Definitions","url":"\/58.1-486.1\/","token":"58.1\/I\/3\/16.1\/58.1-486.1","metadata":false},{"id":71204,"structure_id":15346,"section_number":"58.1-486.2","catch_line":"Withholding tax on Virginia source income of nonresident owners","url":"\/58.1-486.2\/","token":"58.1\/I\/3\/16.1\/58.1-486.2","metadata":false},{"id":58398,"structure_id":15346,"section_number":"58.1-486.3","catch_line":"Penalty","url":"\/58.1-486.3\/","token":"58.1\/I\/3\/16.1\/58.1-486.3","metadata":false}],"previous_section":{"id":71204,"structure_id":15346,"section_number":"58.1-486.2","catch_line":"Withholding tax on Virginia source income of nonresident owners","url":"\/58.1-486.2\/","token":"58.1\/I\/3\/16.1\/58.1-486.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-486.3\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 120<\/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.<\/p>","references":false,"refers_to":[{"id":77006,"section_number":"58.1-15","catch_line":"Rate of interest","order_by":null,"url":"\/58.1-15\/"},{"id":63527,"section_number":"58.1-394.1","catch_line":"Failure of pass-through entity to make a return","order_by":null,"url":"\/58.1-394.1\/"},{"id":60426,"section_number":"58.1-395","catch_line":"Nonresident owners","order_by":null,"url":"\/58.1-395\/"}],"permalink":{"id":253921,"object_type":"law","relational_id":58398,"identifier":"58.1-486.3","token":"58.1\/I\/3\/16.1\/58.1-486.3","url":"\/58.1-486.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-486.3\/","token":"58.1\/I\/3\/16.1\/58.1-486.3","dublin_core":{"Title":"Penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-486.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any payment is not made in full when due, there shall be added to the entire tax or to any unpaid balance of the tax a penalty<\/span> of six percent of the amount thereof, if the failure is for not more than one month, with an additional six percent for each additional month or fraction thereof during which such failure to pay continues, not exceeding 30 percent in the aggregate. The entire tax or any unpaid balance of the tax, together with such penalty<\/span> and interest, shall immediately become collectible. Interest upon such tax or any unpaid balance of the tax and on the accrued penalty<\/span> shall be added at a rate determined in accordance with § 58.1-15<\/a> from the date the tax or any unpaid balance of the tax was originally due until paid. In the case of an additional tax assessed by the Department<\/span>, if the return was made in good faith and the understatement of the amount in the return was not due to any fault of the taxpayer<\/span>, there shall be no penalty<\/span> on the additional tax because of such understatement, but interest shall be added to the amount of the deficiency at a rate determined in accordance with § 58.1-15<\/a> from the time the return was required by law<\/span> to be filed until paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any month or fraction thereof for which the pass-through entity is subject to the penalty<\/span> imposed under § 58.1-394.1<\/a> and the penalty<\/span> under this section, the greater of the two penalties shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The penalty<\/span> under this section shall not apply to any tax attributable to income that was included in a return filed pursuant to § 58.1-395<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTY (\u00a7 58.1-486.3)\n\nA. If any payment is not made in full when due, there shall be added to the\nentire tax or to any unpaid balance of the tax a penalty of six percent of the\namount thereof, if the failure is for not more than one month, with an\nadditional six percent for each additional month or fraction thereof during\nwhich such failure to pay continues, not exceeding 30 percent in the aggregate.\nThe entire tax or any unpaid balance of the tax, together with such penalty and\ninterest, shall immediately become collectible. Interest upon such tax or any\nunpaid balance of the tax and on the accrued penalty shall be added at a rate\ndetermined in accordance with § 58.1-15 from the date the tax or any unpaid\nbalance of the tax was originally due until paid. In the case of an additional\ntax assessed by the Department, if the return was made in good faith and the\nunderstatement of the amount in the return was not due to any fault of the\ntaxpayer, there shall be no penalty on the additional tax because of such\nunderstatement, but interest shall be added to the amount of the deficiency at a\nrate determined in accordance with § 58.1-15 from the time the return was\nrequired by law to be filed until paid.\n\nB. In any month or fraction thereof for which the pass-through entity is subject\nto the penalty imposed under § 58.1-394.1 and the penalty under this\nsection, the greater of the two penalties shall apply.\n\nC. The penalty under this section shall not apply to any tax attributable to\nincome that was included in a return filed pursuant to § 58.1-395.\n\nHISTORY: 2010, c. 120.","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}}