{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-490.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-490.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-490.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-490.html"}],"law_id":58457,"edition_id":1,"section_id":58457,"structure_id":14845,"section_number":"58.1-490","catch_line":"Declarations of estimated tax","history":"Code 1950, \u00a7 58-151.21; 1962, c. 612; 1970, c. 102; 1971, Ex. Sess., cc. 171, 261; 1978, c. 157; 1984, c. 675; 1985, c. 221; 1987, cc. 484, 599; 1988, c. 248; 1997, c. 257; 2000, c. 415; 2009, c. 34; 2011, c. 851; 2017, c. 444; 2020, c. 900.","full_text":"A\n\nEvery resident and nonresident individual shall make a declaration of his estimated tax for every taxable year, if his Virginia tax liability can reasonably be expected to exceed an amount, to be determined under regulations promulgated by the Tax Commissioner, which takes into account the additions, subtractions, and deductions set forth in §§ 58.1-322.01, 58.1-322.02, 58.1-322.03, and 58.1-322.04, the credits set forth in Articles 3 (§ 58.1-332 et seq.) and 13.2 (§ 58.1-439.18 et seq.), and the filing exclusions set forth in § 58.1-321. Every estate with respect to any taxable year ending two or more years after the date of death of the decedent and every trust shall make a declaration of its estimated tax for every taxable year, if its Virginia taxable income can reasonably be expected to exceed the amount specified by regulation for individuals as set forth above.B\n\nFor purposes of this article, “estimated tax” means the amount which an individual estimates to be his income tax under this chapter for the taxable year, less the amount which he estimates to be the sum of any credits allowable against the tax.C\n\nFor purposes of this section, the declaration shall be the first voucher.D\n\nIn the case of married individuals, a single declaration under this section may be made by them jointly, in which case the liability with respect to the estimated tax shall be joint and several. No joint declaration may be made if either spouse is a nonresident of the Commonwealth unless both are required by this chapter to file a return, if they are separated under a decree of divorce or of separate maintenance, or if they have different taxable years. If a joint declaration is made but a joint return is not made for the taxable year, the estimated tax for such year may be treated as the estimated tax of either spouse, or may be divided between them.E\n\nA declaration of estimated tax of an individual other than a farmer, fisherman, or merchant seaman shall be filed on or before May 1 of the taxable year, except that if the requirements of subsection A are first met:1\n\nThe declaration shall be filed on or before June 15; or2\n\nAfter June 1 and before September 2 of the taxable year, the declaration shall be filed on or before September 15; or3\n\nAfter September 1 of the taxable year, the declaration shall be filed on or before January 15 of the succeeding year.F\n\nA declaration of estimated tax of an individual having an estimated gross income from (i) farming (including oyster farming); (ii) fishing; or (iii) working as a merchant seaman for the taxable year, which is at least two-thirds of his total estimated gross income for the taxable year, may be filed at any time on or before January 15 of the succeeding year, in lieu of the time otherwise prescribed.G\n\nA declaration of estimated tax of an individual having a total estimated tax for the taxable year of $40 or less may be filed at any time on or before January 15 of the succeeding year under regulations of the Tax Commissioner.H\n\nAn individual may amend a declaration under regulations of the Tax Commissioner.I\n\nIf on or before March 1 of the succeeding taxable year an individual files his return for the taxable year for which the declaration is required, and pays therewith the full amount of the tax shown to be due on the return:1\n\nSuch return shall be considered as his declaration if no declaration was required to be filed during the taxable year, but is otherwise required to be filed on or before January 15.2\n\nSuch return shall be considered as the amendment permitted by subsection H to be filed on or before January 15 if the tax shown on the return is greater than the estimated tax shown in a declaration previously made.J\n\nThis section shall apply to a taxable year other than a calendar year by the substitution of the months of such fiscal year for the corresponding months specified in this section.K\n\nAn individual having a taxable year of less than 12 months shall make a declaration in accordance with regulations of the Tax Commissioner.L\n\nThe declaration of estimated tax for an individual who is unable to make a declaration by reason of any disability shall be made and filed by his guardian, committee, fiduciary or other person charged with the care of his person or property (other than a receiver in possession of only a part of his property), or by his duly authorized agent.M\n\nThe declaration of estimated tax for a trust or estate shall be made by the fiduciary. For purposes of the estimated tax imposed in this article, any reference to an “individual” shall be deemed to include the fiduciary required to file a declaration for a trust or estate. Any overpayment of estimated tax with respect to any trust or estate shall be refunded to the fiduciary. A beneficiary of a trust or estate shall not be entitled to a credit against the beneficiary’s individual income tax for any overpayment of estimated tax by a trust or estate.","order_by":null,"text":{"0":{"id":214237,"text":"Every resident and nonresident individual shall make a declaration of his estimated tax for every taxable year, if his Virginia tax liability can reasonably be expected to exceed an amount, to be determined under regulations promulgated by the Tax Commissioner, which takes into account the additions, subtractions, and deductions set forth in §§ 58.1-322.01, 58.1-322.02, 58.1-322.03, and 58.1-322.04, the credits set forth in Articles 3 (§ 58.1-332 et seq.) and 13.2 (§ 58.1-439.18 et seq.), and the filing exclusions set forth in § 58.1-321. Every estate with respect to any taxable year ending two or more years after the date of death of the decedent and every trust shall make a declaration of its estimated tax for every taxable year, if its Virginia taxable income can reasonably be expected to exceed the amount specified by regulation for individuals as set forth above.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214238,"text":"For purposes of this article, “estimated tax” means the amount which an individual estimates to be his income tax under this chapter for the taxable year, less the amount which he estimates to be the sum of any credits allowable against the tax.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214239,"text":"For purposes of this section, the declaration shall be the first voucher.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214240,"text":"In the case of married individuals, a single declaration under this section may be made by them jointly, in which case the liability with respect to the estimated tax shall be joint and several. No joint declaration may be made if either spouse is a nonresident of the Commonwealth unless both are required by this chapter to file a return, if they are separated under a decree of divorce or of separate maintenance, or if they have different taxable years. If a joint declaration is made but a joint return is not made for the taxable year, the estimated tax for such year may be treated as the estimated tax of either spouse, or may be divided between them.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":214241,"text":"A declaration of estimated tax of an individual other than a farmer, fisherman, or merchant seaman shall be filed on or before May 1 of the taxable year, except that if the requirements of subsection A are first met:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":214242,"text":"The declaration shall be filed on or before June 15; or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":214243,"text":"After June 1 and before September 2 of the taxable year, the declaration shall be filed on or before September 15; or","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":214244,"text":"After September 1 of the taxable year, the declaration shall be filed on or before January 15 of the succeeding year.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":214245,"text":"A declaration of estimated tax of an individual having an estimated gross income from (i) farming (including oyster farming); (ii) fishing; or (iii) working as a merchant seaman for the taxable year, which is at least two-thirds of his total estimated gross income for the taxable year, may be filed at any time on or before January 15 of the succeeding year, in lieu of the time otherwise prescribed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"9":{"id":214246,"text":"A declaration of estimated tax of an individual having a total estimated tax for the taxable year of $40 or less may be filed at any time on or before January 15 of the succeeding year under regulations of the Tax Commissioner.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"10":{"id":214247,"text":"An individual may amend a declaration under regulations of the Tax Commissioner.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"11":{"id":214248,"text":"If on or before March 1 of the succeeding taxable year an individual files his return for the taxable year for which the declaration is required, and pays therewith the full amount of the tax shown to be due on the return:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"12":{"id":214249,"text":"Such return shall be considered as his declaration if no declaration was required to be filed during the taxable year, but is otherwise required to be filed on or before January 15.","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"13":{"id":214250,"text":"Such return shall be considered as the amendment permitted by subsection H to be filed on or before January 15 if the tax shown on the return is greater than the estimated tax shown in a declaration previously made.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"J"},"14":{"id":214251,"text":"This section shall apply to a taxable year other than a calendar year by the substitution of the months of such fiscal year for the corresponding months specified in this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I2","next_prefix":"K"},"15":{"id":214252,"text":"An individual having a taxable year of less than 12 months shall make a declaration in accordance with regulations of the Tax Commissioner.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"16":{"id":214253,"text":"The declaration of estimated tax for an individual who is unable to make a declaration by reason of any disability shall be made and filed by his guardian, committee, fiduciary or other person charged with the care of his person or property (other than a receiver in possession of only a part of his property), or by his duly authorized agent.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"17":{"id":214254,"text":"The declaration of estimated tax for a trust or estate shall be made by the fiduciary. For purposes of the estimated tax imposed in this article, any reference to an “individual” shall be deemed to include the fiduciary required to file a declaration for a trust or estate. Any overpayment of estimated tax with respect to any trust or estate shall be refunded to the fiduciary. A beneficiary of a trust or estate shall not be entitled to a credit against the beneficiary’s individual income tax for any overpayment of estimated tax by a trust or estate.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"ancestry":[{"id":14845,"edition_id":1,"name":"Estimated Tax","identifier":"19","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:50:21","date_modified":"2026-06-26 03:50:21","permalink":{"id":253925,"object_type":"structure","relational_id":14845,"identifier":"19","token":"58.1\/I\/3\/19","url":"\/58.1\/I\/3\/19\/","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":58457,"structure_id":14845,"section_number":"58.1-490","catch_line":"Declarations of estimated tax","url":"\/58.1-490\/","token":"58.1\/I\/3\/19\/58.1-490","metadata":false},{"id":68632,"structure_id":14845,"section_number":"58.1-491","catch_line":"Payments of estimated tax","url":"\/58.1-491\/","token":"58.1\/I\/3\/19\/58.1-491","metadata":false},{"id":58343,"structure_id":14845,"section_number":"58.1-491.1","catch_line":"Payments estimated by certain members of the armed services","url":"\/58.1-491.1\/","token":"58.1\/I\/3\/19\/58.1-491.1","metadata":false},{"id":58433,"structure_id":14845,"section_number":"58.1-492","catch_line":"Failure by individual, trust or estate to pay estimated tax","url":"\/58.1-492\/","token":"58.1\/I\/3\/19\/58.1-492","metadata":false},{"id":78772,"structure_id":14845,"section_number":"58.1-493","catch_line":"Declarations of estimated tax to be filed with commissioner of revenue of county or city","url":"\/58.1-493\/","token":"58.1\/I\/3\/19\/58.1-493","metadata":false},{"id":78804,"structure_id":14845,"section_number":"58.1-494","catch_line":"Sheets or forms for recording declarations of estimated tax; recording","url":"\/58.1-494\/","token":"58.1\/I\/3\/19\/58.1-494","metadata":false},{"id":56752,"structure_id":14845,"section_number":"58.1-495","catch_line":"Payment of estimated tax; notice of installment due; information to be transmitted to Department","url":"\/58.1-495\/","token":"58.1\/I\/3\/19\/58.1-495","metadata":false},{"id":66967,"structure_id":14845,"section_number":"58.1-496","catch_line":"Willful failure or refusal to file declaration of estimated tax, or making false and fraudulent statement, a misdemeanor","url":"\/58.1-496\/","token":"58.1\/I\/3\/19\/58.1-496","metadata":false},{"id":60641,"structure_id":14845,"section_number":"58.1-497","catch_line":"Section 58.1-306 applicable to declaration of estimated tax","url":"\/58.1-497\/","token":"58.1\/I\/3\/19\/58.1-497","metadata":false},{"id":83340,"structure_id":14845,"section_number":"58.1-498","catch_line":"Oaths or affirmations unnecessary on returns, declarations and reports; misdemeanor to file false return, declaration or report","url":"\/58.1-498\/","token":"58.1\/I\/3\/19\/58.1-498","metadata":false},{"id":75795,"structure_id":14845,"section_number":"58.1-499","catch_line":"Refunds to individual taxpayers; crediting overpayment against estimated tax for ensuing year","url":"\/58.1-499\/","token":"58.1\/I\/3\/19\/58.1-499","metadata":false}],"next_section":{"id":68632,"structure_id":14845,"section_number":"58.1-491","catch_line":"Payments of estimated tax","url":"\/58.1-491\/","token":"58.1\/I\/3\/19\/58.1-491","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-490\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 13 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 1962, chapter 612; in 1970, chapter 102; in 1978, chapter 157; in 1984, chapter 675; in 1985, chapter 221; in 1987, chapters 484 and 599; in 1988, chapter 248; in 1997, chapter 257<\/a>; in 2000, chapter 415<\/a>; in 2009, chapter 34<\/a>; in 2011, chapter 851<\/a>; in 2017, chapter 444<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":68632,"section_number":"58.1-491","catch_line":"Payments of estimated tax","order_by":null,"url":"\/58.1-491\/"},{"id":58433,"section_number":"58.1-492","catch_line":"Failure by individual, trust or estate to pay estimated tax","order_by":null,"url":"\/58.1-492\/"}],"refers_to":[{"id":77087,"section_number":"58.1-321","catch_line":"Exemptions and exclusions","order_by":null,"url":"\/58.1-321\/"},{"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\/"},{"id":85325,"section_number":"58.1-332","catch_line":"Credits for taxes paid other states","order_by":null,"url":"\/58.1-332\/"},{"id":71554,"section_number":"58.1-439.18","catch_line":"Definitions","order_by":null,"url":"\/58.1-439.18\/"}],"permalink":{"id":253927,"object_type":"law","relational_id":58457,"identifier":"58.1-490","token":"58.1\/I\/3\/19\/58.1-490","url":"\/58.1-490\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-490\/","token":"58.1\/I\/3\/19\/58.1-490","dublin_core":{"Title":"Declarations of estimated tax","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-490","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every resident<\/span> and nonresident individual<\/span> shall make a declaration of his estimated tax<\/span> for every taxable year, if his Virginia tax liability can reasonably be expected to exceed an amount, to be determined under regulations promulgated by the Tax Commissioner<\/span>, which takes into account the additions, subtractions, and deductions set forth in §§ 58.1-322.01<\/a>, 58.1-322.02<\/a>, 58.1-322.03<\/a>, and 58.1-322.04<\/a>, the credits set forth in Articles 3 (§ 58.1-332<\/a> et seq.) and 13.2 (§ 58.1-439.18<\/a> et seq.), and the filing exclusions set forth in § 58.1-321<\/a>. Every estate<\/span> with respect to any taxable year ending two or more years after the date of death of the decedent and every trust<\/span> shall make a declaration of its estimated tax<\/span> for every taxable year, if its Virginia taxable income can reasonably be expected to exceed the amount specified by regulation for individuals<\/span> as set forth above. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this article, “estimated tax<\/span>” means the amount which an individual<\/span> estimates to be his income tax under this chapter for the taxable year, less the amount which he estimates to be the sum of any credits allowable against the tax. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this section, the declaration shall be the first voucher. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In the case of married individuals<\/span>, a single declaration under this section may be made by them jointly, in which case the liability with respect to the estimated tax<\/span> shall be joint and several. No joint declaration may be made if either spouse is a nonresident of the Commonwealth unless both are required by this chapter to file a return, if they are separated under a decree<\/span> of divorce or of separate maintenance, or if they have different taxable years. If a joint declaration is made but a joint return is not made for the taxable year, the estimated tax<\/span> for such year may be treated as the estimated tax<\/span> of either spouse, or may be divided between them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A declaration of estimated tax<\/span> of an individual<\/span> other than a farmer, fisherman, or merchant seaman shall be filed on or before May 1 of the taxable year, except that if the requirements of subsection A are first met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The declaration shall be filed on or before June 15; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After June 1 and before September 2 of the taxable year, the declaration shall be filed on or before September 15; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After September 1 of the taxable year, the declaration shall be filed on or before January 15 of the succeeding year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A declaration of estimated tax<\/span> of an individual<\/span> having an estimated gross income from (i) farming (including oyster farming); (ii) fishing; or (iii) working as a merchant seaman for the taxable year, which is at least two-thirds of his total estimated gross income for the taxable year, may be filed at any time on or before January 15 of the succeeding year, in lieu of the time otherwise prescribed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A declaration of estimated tax<\/span> of an individual<\/span> having a total estimated tax<\/span> for the taxable year of $40 or less may be filed at any time on or before January 15 of the succeeding year under regulations of the Tax Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An individual<\/span> may amend<\/span> a declaration under regulations of the Tax Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If on or before March 1 of the succeeding taxable year an individual<\/span> files his return for the taxable year for which the declaration is required, and pays therewith the full amount of the tax shown to be due on the return: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such return shall be considered as his declaration if no declaration was required to be filed during the taxable year, but is otherwise required to be filed on or before January 15. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such return shall be considered as the amendment permitted by subsection H to be filed on or before January 15 if the tax shown on the return is greater than the estimated tax<\/span> shown in a declaration previously made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> This section shall apply to a taxable year other than a calendar year by the substitution of the months of such fiscal year for the corresponding months specified in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> An individual<\/span> having a taxable year of less than 12 months shall make a declaration in accordance with regulations of the Tax Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The declaration of estimated tax<\/span> for an individual<\/span> who is unable to make a declaration by reason of any disability shall be made and filed by his guardian, committee, fiduciary or other person charged with the care of his person or property (other than a receiver in possession<\/span> of only a part of his property), or by his duly authorized agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The declaration of estimated tax<\/span> for a trust<\/span> or estate<\/span> shall be made by the fiduciary. For purposes of the estimated tax<\/span> imposed in this article, any reference to an “individual<\/span>” shall be deemed to include the fiduciary required to file a declaration for a trust<\/span> or estate<\/span>. Any overpayment of estimated tax<\/span> with respect to any trust<\/span> or estate<\/span> shall be refunded to the fiduciary. A beneficiary of a trust<\/span> or estate<\/span> shall not be entitled to a credit against the beneficiary’s individual<\/span> income tax for any overpayment of estimated tax<\/span> by a trust<\/span> or estate<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDECLARATIONS OF ESTIMATED TAX (\u00a7 58.1-490)\n\nA. Every resident and nonresident individual shall make a declaration of his\nestimated tax for every taxable year, if his Virginia tax liability can\nreasonably be expected to exceed an amount, to be determined under regulations\npromulgated by the Tax Commissioner, which takes into account the additions,\nsubtractions, and deductions set forth in §§ 58.1-322.01, 58.1-322.02,\n58.1-322.03, and 58.1-322.04, the credits set forth in Articles 3 (§\n58.1-332 et seq.) and 13.2 (§ 58.1-439.18 et seq.), and the filing\nexclusions set forth in § 58.1-321. Every estate with respect to any\ntaxable year ending two or more years after the date of death of the decedent\nand every trust shall make a declaration of its estimated tax for every taxable\nyear, if its Virginia taxable income can reasonably be expected to exceed the\namount specified by regulation for individuals as set forth above.\n\nB. For purposes of this article, “estimated tax” means the amount\nwhich an individual estimates to be his income tax under this chapter for the\ntaxable year, less the amount which he estimates to be the sum of any credits\nallowable against the tax.\n\nC. For purposes of this section, the declaration shall be the first voucher.\n\nD. In the case of married individuals, a single declaration under this section\nmay be made by them jointly, in which case the liability with respect to the\nestimated tax shall be joint and several. No joint declaration may be made if\neither spouse is a nonresident of the Commonwealth unless both are required by\nthis chapter to file a return, if they are separated under a decree of divorce\nor of separate maintenance, or if they have different taxable years. If a joint\ndeclaration is made but a joint return is not made for the taxable year, the\nestimated tax for such year may be treated as the estimated tax of either\nspouse, or may be divided between them.\n\nE. A declaration of estimated tax of an individual other than a farmer,\nfisherman, or merchant seaman shall be filed on or before May 1 of the taxable\nyear, except that if the requirements of subsection A are first met:\n\n 1. The declaration shall be filed on or before June 15; or\n\n 2. After June 1 and before September 2 of the taxable year, the declaration\n shall be filed on or before September 15; or\n\n 3. After September 1 of the taxable year, the declaration shall be filed on or\n before January 15 of the succeeding year.\n\nF. A declaration of estimated tax of an individual having an estimated gross\nincome from (i) farming (including oyster farming); (ii) fishing; or (iii)\nworking as a merchant seaman for the taxable year, which is at least two-thirds\nof his total estimated gross income for the taxable year, may be filed at any\ntime on or before January 15 of the succeeding year, in lieu of the time\notherwise prescribed.\n\nG. A declaration of estimated tax of an individual having a total estimated tax\nfor the taxable year of $40 or less may be filed at any time on or before\nJanuary 15 of the succeeding year under regulations of the Tax Commissioner.\n\nH. An individual may amend a declaration under regulations of the Tax\nCommissioner.\n\nI. If on or before March 1 of the succeeding taxable year an individual files\nhis return for the taxable year for which the declaration is required, and pays\ntherewith the full amount of the tax shown to be due on the return:\n\n 1. Such return shall be considered as his declaration if no declaration was\n required to be filed during the taxable year, but is otherwise required to be\n filed on or before January 15.\n\n 2. Such return shall be considered as the amendment permitted by subsection H\n to be filed on or before January 15 if the tax shown on the return is greater\n than the estimated tax shown in a declaration previously made.\n\nJ. This section shall apply to a taxable year other than a calendar year by the\nsubstitution of the months of such fiscal year for the corresponding months\nspecified in this section.\n\nK. An individual having a taxable year of less than 12 months shall make a\ndeclaration in accordance with regulations of the Tax Commissioner.\n\nL. The declaration of estimated tax for an individual who is unable to make a\ndeclaration by reason of any disability shall be made and filed by his guardian,\ncommittee, fiduciary or other person charged with the care of his person or\nproperty (other than a receiver in possession of only a part of his property),\nor by his duly authorized agent.\n\nM. The declaration of estimated tax for a trust or estate shall be made by the\nfiduciary. For purposes of the estimated tax imposed in this article, any\nreference to an “individual” shall be deemed to include the\nfiduciary required to file a declaration for a trust or estate. Any overpayment\nof estimated tax with respect to any trust or estate shall be refunded to the\nfiduciary. A beneficiary of a trust or estate shall not be entitled to a credit\nagainst the beneficiary’s individual income tax for any overpayment of\nestimated tax by a trust or estate.\n\nHISTORY: Code 1950, \u00a7 58-151.21; 1962, c. 612; 1970, c. 102; 1971, Ex. Sess.,\ncc. 171, 261; 1978, c. 157; 1984, c. 675; 1985, c. 221; 1987, cc. 484, 599;\n1988, c. 248; 1997, c. 257; 2000, c. 415; 2009, c. 34; 2011, c. 851; 2017, c.\n444; 2020, c. 900.","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}}