{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-280.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-280.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-280.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-280.html"}],"law_id":73898,"edition_id":1,"section_id":73898,"structure_id":15244,"section_number":"59.1-280","catch_line":"Enterprise zone business tax credit","history":"1982, c. 275; 1983, c. 572; 1988, c. 236; 1992, c. 301; 1995, c. 792; 1996, c. 77; 1997, c. 517; 1998, c. 759; 2003, c. 676; 2005, cc. 863, 884; 2009, cc. 207, 271; 2011, c. 850.","full_text":"A\n\nAs used in this section:\n\t\t\t“Business tax credit” means a credit against any tax due under Articles 2 (§ 58.1-320 et seq.) and 10 (§ 58.1-400 et seq.) of Chapter 3, Chapter 12 (§ 58.1-1200 et seq.), Article 1 (§ 58.1-2500 et seq.) of Chapter 25, or Article 2 (§ 58.1-2620 et seq.) of Chapter 26 of Title 58.1 due from a business firm.\n\t\t\t“Large qualified business firm” means a qualified business firm making qualified zone investments in excess of $15 million when such qualified zone investments result in the creation of at least 50 permanent full-time positions. “Qualified zone investment” and “permanent full-time position” shall have the meanings provided in subsection A of § 59.1-280.1.\n\t\t\t“Small qualified business firm” means any qualified business firm other than a large qualified business firm.B\n\nThe Department shall certify annually to the Commissioner of the Department of Taxation, or in the case of business firms subject to tax under Article 2 (§ 58.1-2620 et seq.) of Chapter 26 of Title 58.1 to the Director of Public Service Taxation for the State Corporation Commission, the applicability of the business tax credit provided herein for a qualified business firm. Any certification by the Department pursuant to this section shall not impair the authority of the Department of Taxation or State Corporation Commission to deny in whole or in part any claimed tax credit if the Department of Taxation or State Corporation Commission determines that the qualified business firm is not entitled to such tax credit. The Department of Taxation or State Corporation Commission shall notify the Department in writing upon determining that a business firm is ineligible for such tax credit.C\n\nSmall qualified business firms shall be allowed a business tax credit in an amount equal to 80 percent of the tax due to the Commonwealth for the first tax year and 60 percent of the tax due the Commonwealth for the second tax year through the tenth tax year.D\n\nLarge qualified business firms shall be allowed a business tax credit in a percentage amount determined by agreement between the Department and the large qualified business firm, provided such percentage amounts shall not exceed the percentages provided for small qualified business firms as set forth in subsection C.E\n\nAny business tax credit not usable may not be applied to future tax years.F\n\nWhen a partnership or a small business corporation making an election pursuant to Subchapter S of the Internal Revenue Code is eligible for a tax credit under this section, each partner or shareholder shall be eligible for the tax credit provided for in this section on his individual income tax in proportion to the amount of income received by that partner from the partnership, or shareholder from his corporation, respectively.G\n\nTax credits provided for in this section shall only apply to taxable income of a qualified business firm attributable to the conduct of business within the enterprise zone. Any qualified business firm having taxable income from business activity both within and without the enterprise zone shall allocate and apportion its Virginia taxable income attributable to the conduct of business as follows:1\n\nThe portion of a qualified business firm’s Virginia taxable income allocated and apportioned to business activities within an enterprise zone shall be determined by multiplying its Virginia taxable income by a fraction, the numerator of which is the sum of the property factor and the payroll factor, and the denominator of which is two.\n\t\t\t\ta. The property factor is a fraction. The numerator is the average value of real and tangible personal property of the business firm which is used in the enterprise zone. The denominator is the average value of real and tangible personal property of the business firm used everywhere in the Commonwealth.\n\t\t\t\tb. The payroll factor is a fraction. The numerator is the total amount paid or accrued within the enterprise zone during the taxable period by the business firm for compensation. The denominator is the total compensation paid or accrued everywhere in the Commonwealth during the taxable period by the business firm for compensation.2\n\nThe property factor and the payroll factor shall be determined in accordance with the procedures established in §§ 58.1-409 through 58.1-413 for determining the Virginia taxable income of a corporation having income from business activities which is taxable both within and without the Commonwealth, mutatis mutandis.3\n\nIf a qualified business firm believes that the method of allocation and apportionment hereinbefore prescribed as administered has operated or will operate to allocate or apportion to an enterprise zone a lesser portion of its Virginia taxable income than is reasonably attributable to business conducted within the enterprise zone, it shall be entitled to file with the Department of Taxation a statement of its objections and of such alternative method of allocation or apportionment as it believes to be appropriate under the circumstances with such detail and proof and within such time as the Department of Taxation may reasonably prescribe. If the Department of Taxation concludes that the method of allocation or apportionment employed is in fact inequitable or inapplicable, it shall redetermine the taxable income by such other method of allocation or apportionment as best seems calculated to assign to an enterprise zone the portion of the qualified business firm’s Virginia taxable income reasonably attributable to business conducted within the enterprise zone.H\n\nTax credits awarded under this section and under § 59.1-280.1 shall not exceed $7.5 million annually until the end of fiscal year 2019.I\n\nThe provisions of this section shall apply only as follows:1\n\nTo those qualified business firms that have initiated use of enterprise zone tax credits pursuant to this section on or before July 1, 2005;2\n\nTo those small qualified business firms and large qualified business firms that have signed agreements with the Commonwealth regarding the use of enterprise zone tax credits in accordance with this section on or before July 1, 2005; provided that in the case of small qualified business firms, the signed agreements must be based on proposals developed by the Commonwealth prior to November 1, 2004.","order_by":null,"text":{"0":{"id":265735,"text":"As used in this section:\n\t\t\t“Business tax credit” means a credit against any tax due under Articles 2 (§ 58.1-320 et seq.) and 10 (§ 58.1-400 et seq.) of Chapter 3, Chapter 12 (§ 58.1-1200 et seq.), Article 1 (§ 58.1-2500 et seq.) of Chapter 25, or Article 2 (§ 58.1-2620 et seq.) of Chapter 26 of Title 58.1 due from a business firm.\n\t\t\t“Large qualified business firm” means a qualified business firm making qualified zone investments in excess of $15 million when such qualified zone investments result in the creation of at least 50 permanent full-time positions. “Qualified zone investment” and “permanent full-time position” shall have the meanings provided in subsection A of § 59.1-280.1.\n\t\t\t“Small qualified business firm” means any qualified business firm other than a large qualified business firm.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265736,"text":"The Department shall certify annually to the Commissioner of the Department of Taxation, or in the case of business firms subject to tax under Article 2 (§ 58.1-2620 et seq.) of Chapter 26 of Title 58.1 to the Director of Public Service Taxation for the State Corporation Commission, the applicability of the business tax credit provided herein for a qualified business firm. Any certification by the Department pursuant to this section shall not impair the authority of the Department of Taxation or State Corporation Commission to deny in whole or in part any claimed tax credit if the Department of Taxation or State Corporation Commission determines that the qualified business firm is not entitled to such tax credit. The Department of Taxation or State Corporation Commission shall notify the Department in writing upon determining that a business firm is ineligible for such tax credit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265737,"text":"Small qualified business firms shall be allowed a business tax credit in an amount equal to 80 percent of the tax due to the Commonwealth for the first tax year and 60 percent of the tax due the Commonwealth for the second tax year through the tenth tax year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265738,"text":"Large qualified business firms shall be allowed a business tax credit in a percentage amount determined by agreement between the Department and the large qualified business firm, provided such percentage amounts shall not exceed the percentages provided for small qualified business firms as set forth in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265739,"text":"Any business tax credit not usable may not be applied to future tax years.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":265740,"text":"When a partnership or a small business corporation making an election pursuant to Subchapter S of the Internal Revenue Code is eligible for a tax credit under this section, each partner or shareholder shall be eligible for the tax credit provided for in this section on his individual income tax in proportion to the amount of income received by that partner from the partnership, or shareholder from his corporation, respectively.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":265741,"text":"Tax credits provided for in this section shall only apply to taxable income of a qualified business firm attributable to the conduct of business within the enterprise zone. Any qualified business firm having taxable income from business activity both within and without the enterprise zone shall allocate and apportion its Virginia taxable income attributable to the conduct of business as follows:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":265742,"text":"The portion of a qualified business firm’s Virginia taxable income allocated and apportioned to business activities within an enterprise zone shall be determined by multiplying its Virginia taxable income by a fraction, the numerator of which is the sum of the property factor and the payroll factor, and the denominator of which is two.\n\t\t\t\ta. The property factor is a fraction. The numerator is the average value of real and tangible personal property of the business firm which is used in the enterprise zone. The denominator is the average value of real and tangible personal property of the business firm used everywhere in the Commonwealth.\n\t\t\t\tb. The payroll factor is a fraction. The numerator is the total amount paid or accrued within the enterprise zone during the taxable period by the business firm for compensation. The denominator is the total compensation paid or accrued everywhere in the Commonwealth during the taxable period by the business firm for compensation.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":265743,"text":"The property factor and the payroll factor shall be determined in accordance with the procedures established in §§ 58.1-409 through 58.1-413 for determining the Virginia taxable income of a corporation having income from business activities which is taxable both within and without the Commonwealth, mutatis mutandis.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":265744,"text":"If a qualified business firm believes that the method of allocation and apportionment hereinbefore prescribed as administered has operated or will operate to allocate or apportion to an enterprise zone a lesser portion of its Virginia taxable income than is reasonably attributable to business conducted within the enterprise zone, it shall be entitled to file with the Department of Taxation a statement of its objections and of such alternative method of allocation or apportionment as it believes to be appropriate under the circumstances with such detail and proof and within such time as the Department of Taxation may reasonably prescribe. If the Department of Taxation concludes that the method of allocation or apportionment employed is in fact inequitable or inapplicable, it shall redetermine the taxable income by such other method of allocation or apportionment as best seems calculated to assign to an enterprise zone the portion of the qualified business firm’s Virginia taxable income reasonably attributable to business conducted within the enterprise zone.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"10":{"id":265745,"text":"Tax credits awarded under this section and under § 59.1-280.1 shall not exceed $7.5 million annually until the end of fiscal year 2019.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3","next_prefix":"I"},"11":{"id":265746,"text":"The provisions of this section shall apply only as follows:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"12":{"id":265747,"text":"To those qualified business firms that have initiated use of enterprise zone tax credits pursuant to this section on or before July 1, 2005;","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"13":{"id":265748,"text":"To those small qualified business firms and large qualified business firms that have signed agreements with the Commonwealth regarding the use of enterprise zone tax credits in accordance with this section on or before July 1, 2005; provided that in the case of small qualified business firms, the signed agreements must be based on proposals developed by the Commonwealth prior to November 1, 2004.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1"}},"ancestry":[{"id":15244,"edition_id":1,"name":"Enterprise Zone Act","identifier":"22","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:53:15","date_modified":"2026-06-26 03:53:15","permalink":{"id":260313,"object_type":"structure","relational_id":15244,"identifier":"22","token":"59.1\/22","url":"\/59.1\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80172,"structure_id":15244,"section_number":"59.1-270","catch_line":"Expired","url":"\/59.1-270\/","token":"59.1\/22\/59.1-270","metadata":false},{"id":61169,"structure_id":15244,"section_number":"59.1-272","catch_line":"Repealed","url":"\/59.1-272\/","token":"59.1\/22\/59.1-272","metadata":false},{"id":59601,"structure_id":15244,"section_number":"59.1-279","catch_line":"Eligibility","url":"\/59.1-279\/","token":"59.1\/22\/59.1-279","metadata":false},{"id":60023,"structure_id":15244,"section_number":"59.1-279.1","catch_line":"Repealed","url":"\/59.1-279.1\/","token":"59.1\/22\/59.1-279.1","metadata":false},{"id":73898,"structure_id":15244,"section_number":"59.1-280","catch_line":"Enterprise zone business tax credit","url":"\/59.1-280\/","token":"59.1\/22\/59.1-280","metadata":false},{"id":73671,"structure_id":15244,"section_number":"59.1-280.1","catch_line":"Enterprise zone real property investment tax credit","url":"\/59.1-280.1\/","token":"59.1\/22\/59.1-280.1","metadata":false},{"id":70752,"structure_id":15244,"section_number":"59.1-280.2","catch_line":"Repealed","url":"\/59.1-280.2\/","token":"59.1\/22\/59.1-280.2","metadata":false},{"id":70559,"structure_id":15244,"section_number":"59.1-281","catch_line":"Repealed","url":"\/59.1-281\/","token":"59.1\/22\/59.1-281","metadata":false},{"id":58020,"structure_id":15244,"section_number":"59.1-282","catch_line":"Repealed","url":"\/59.1-282\/","token":"59.1\/22\/59.1-282","metadata":false},{"id":62042,"structure_id":15244,"section_number":"59.1-282.1","catch_line":"Repealed","url":"\/59.1-282.1\/","token":"59.1\/22\/59.1-282.1","metadata":false},{"id":74599,"structure_id":15244,"section_number":"59.1-282.3","catch_line":"Repealed","url":"\/59.1-282.3\/","token":"59.1\/22\/59.1-282.3","metadata":false},{"id":79712,"structure_id":15244,"section_number":"59.1-284.01","catch_line":"Expiration of chapter; exceptions","url":"\/59.1-284.01\/","token":"59.1\/22\/59.1-284.01","metadata":false}],"previous_section":{"id":60023,"structure_id":15244,"section_number":"59.1-279.1","catch_line":"Repealed","url":"\/59.1-279.1\/","token":"59.1\/22\/59.1-279.1","metadata":false},"next_section":{"id":73671,"structure_id":15244,"section_number":"59.1-280.1","catch_line":"Enterprise zone real property investment tax credit","url":"\/59.1-280.1\/","token":"59.1\/22\/59.1-280.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-280\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 275 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. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 11 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 1983, chapter 572; in 1988, chapter 236; in 1992, chapter 301; in 1995, chapter 792<\/a>; in 1996, chapter 77<\/a>; in 1997, chapter 517<\/a>; in 1998, chapter 759<\/a>; in 2003, chapter 676<\/a>; in 2005, chapters 863<\/a> and 884<\/a>; in 2009, chapters 207<\/a> and 271<\/a>; in 2011, chapter 850<\/a>.<\/p>","references":[{"id":59601,"section_number":"59.1-279","catch_line":"Eligibility","order_by":null,"url":"\/59.1-279\/"},{"id":73671,"section_number":"59.1-280.1","catch_line":"Enterprise zone real property investment tax credit","order_by":null,"url":"\/59.1-280.1\/"},{"id":79712,"section_number":"59.1-284.01","catch_line":"Expiration of chapter; exceptions","order_by":null,"url":"\/59.1-284.01\/"}],"refers_to":[{"id":54678,"section_number":"58.1-1200","catch_line":"Title","order_by":null,"url":"\/58.1-1200\/"},{"id":56221,"section_number":"58.1-2500","catch_line":"Definitions","order_by":null,"url":"\/58.1-2500\/"},{"id":54193,"section_number":"58.1-2620","catch_line":"Basis of tax","order_by":null,"url":"\/58.1-2620\/"},{"id":62270,"section_number":"58.1-320","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-320\/"},{"id":60955,"section_number":"58.1-400","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-400\/"},{"id":76197,"section_number":"58.1-409","catch_line":"Property factor","order_by":null,"url":"\/58.1-409\/"},{"id":65358,"section_number":"58.1-413","catch_line":"When compensation deemed paid or accrued in this Commonwealth","order_by":null,"url":"\/58.1-413\/"},{"id":73671,"section_number":"59.1-280.1","catch_line":"Enterprise zone real property investment tax credit","order_by":null,"url":"\/59.1-280.1\/"}],"permalink":{"id":260331,"object_type":"law","relational_id":73898,"identifier":"59.1-280","token":"59.1\/22\/59.1-280","url":"\/59.1-280\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-280\/","token":"59.1\/22\/59.1-280","dublin_core":{"Title":"Enterprise zone business tax credit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-280","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Business tax credit<\/span>” means a credit against any tax due under Articles 2 (§ 58.1-320<\/a> et seq.) and 10 (§ 58.1-400<\/a> et seq.) of Chapter 3, Chapter 12 (§ 58.1-1200<\/a> et seq.), Article 1 (§ 58.1-2500<\/a> et seq.) of Chapter 25, or Article 2 (§ 58.1-2620<\/a> et seq.) of Chapter 26 of Title 58.1 due from a business firm.\n\t\t\t“Large qualified business firm<\/span>” means a qualified business firm making qualified zone investments<\/span> in excess of $15 million when such qualified zone investments<\/span> result in the creation of at least 50 permanent full-time positions<\/span>. “Qualified zone investment<\/span>” and “permanent full-time position<\/span>” shall have the meanings provided in subsection A of § 59.1-280.1<\/a>.\n\t\t\t“Small qualified business firm<\/span>” means any qualified business firm other than a large qualified business firm<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall certify annually to the Commissioner of the Department of Taxation, or in the case of business firms subject to tax under Article 2 (§ 58.1-2620<\/a> et seq.) of Chapter 26 of Title 58.1 to the Director of Public Service Taxation for the State Corporation Commission, the applicability of the business tax credit<\/span> provided herein for a qualified business firm. Any certification by the Department pursuant to this section shall not impair the authority of the Department of Taxation or State Corporation Commission to deny in whole or in part any claimed tax credit if the Department of Taxation or State Corporation Commission determines that the qualified business firm is not entitled to such tax credit. The Department of Taxation or State Corporation Commission shall notify the Department in writing upon determining that a business firm is ineligible for such tax credit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Small qualified business firms<\/span> shall be allowed a business tax credit<\/span> in an amount equal to 80 percent of the tax due to the Commonwealth for the first tax year and 60 percent of the tax due the Commonwealth for the second tax year through the tenth tax year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Large qualified business firms<\/span> shall be allowed a business tax credit<\/span> in a percentage amount determined by agreement between the Department and the large qualified business firm<\/span>, provided such percentage amounts shall not exceed the percentages provided for small qualified business firms<\/span> as set forth in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any business tax credit<\/span> not usable may not be applied to future tax years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> When a partnership or a small business corporation making an election pursuant to Subchapter S of the Internal Revenue Code is eligible for a tax credit under this section, each partner or shareholder shall be eligible for the tax credit provided for in this section on his individual income tax in proportion to the amount of income received by that partner from the partnership, or shareholder from his corporation, respectively. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Tax credits provided for in this section shall only apply to taxable income of a qualified business firm attributable to the conduct of business within the enterprise zone. Any qualified business firm having taxable income from business activity both within and without the enterprise zone shall allocate and apportion its Virginia taxable income attributable to the conduct of business as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The portion of a qualified business firm’s Virginia taxable income allocated and apportioned to business activities within an enterprise zone shall be determined by multiplying its Virginia taxable income by a fraction, the numerator of which is the sum of the property factor and the payroll factor, and the denominator of which is two.\n\t\t\t\ta. The property factor is a fraction. The numerator is the average value of real and tangible personal property of the business firm which is used in the enterprise zone. The denominator is the average value of real and tangible personal property of the business firm used everywhere in the Commonwealth.\n\t\t\t\tb. The payroll factor is a fraction. The numerator is the total amount paid or accrued within the enterprise zone during the taxable period by the business firm for compensation. The denominator is the total compensation paid or accrued everywhere in the Commonwealth during the taxable period by the business firm for compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The property factor and the payroll factor shall be determined in accordance with the procedures established in §§ 58.1-409<\/a> through 58.1-413<\/a> for determining the Virginia taxable income of a corporation having income from business activities which is taxable both within and without the Commonwealth, mutatis mutandis<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a qualified business firm believes that the method of allocation and apportionment hereinbefore prescribed as administered has operated or will operate to allocate or apportion to an enterprise zone a lesser portion of its Virginia taxable income than is reasonably attributable to business conducted within the enterprise zone, it shall be entitled to file with the Department of Taxation a statement of its objections and of such alternative method of allocation or apportionment as it believes to be appropriate under the circumstances with such detail and proof and within such time as the Department of Taxation may reasonably prescribe. If the Department of Taxation concludes that the method of allocation or apportionment employed is in fact<\/span> inequitable or inapplicable, it shall redetermine the taxable income by such other method of allocation or apportionment as best seems calculated to assign to an enterprise zone the portion of the qualified business firm’s Virginia taxable income reasonably attributable to business conducted within the enterprise zone. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Tax credits awarded under this section and under § 59.1-280.1<\/a> shall not exceed $7.5 million annually until the end of fiscal year 2019. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The provisions of this section shall apply only as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To those qualified business firms that have initiated use of enterprise zone tax credits pursuant to this section on or before July 1, 2005; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To those small qualified business firms<\/span> and large qualified business firms<\/span> that have signed agreements with the Commonwealth regarding the use of enterprise zone tax credits in accordance with this section on or before July 1, 2005; provided that in the case of small qualified business firms<\/span>, the signed agreements must be based on proposals developed by the Commonwealth prior to November 1, 2004. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENTERPRISE ZONE BUSINESS TAX CREDIT (\u00a7 59.1-280)\n\nA. As used in this section:\n\t\t\t“Business tax credit” means a credit against any tax due under\nArticles 2 (§ 58.1-320 et seq.) and 10 (§ 58.1-400 et seq.) of Chapter\n3, Chapter 12 (§ 58.1-1200 et seq.), Article 1 (§ 58.1-2500 et seq.)\nof Chapter 25, or Article 2 (§ 58.1-2620 et seq.) of Chapter 26 of Title\n58.1 due from a business firm.\n\t\t\t“Large qualified business firm” means a qualified business firm\nmaking qualified zone investments in excess of $15 million when such qualified\nzone investments result in the creation of at least 50 permanent full-time\npositions. “Qualified zone investment” and “permanent\nfull-time position” shall have the meanings provided in subsection A of\n§ 59.1-280.1.\n\t\t\t“Small qualified business firm” means any qualified business firm\nother than a large qualified business firm.\n\nB. The Department shall certify annually to the Commissioner of the Department\nof Taxation, or in the case of business firms subject to tax under Article 2\n(§ 58.1-2620 et seq.) of Chapter 26 of Title 58.1 to the Director of Public\nService Taxation for the State Corporation Commission, the applicability of the\nbusiness tax credit provided herein for a qualified business firm. Any\ncertification by the Department pursuant to this section shall not impair the\nauthority of the Department of Taxation or State Corporation Commission to deny\nin whole or in part any claimed tax credit if the Department of Taxation or\nState Corporation Commission determines that the qualified business firm is not\nentitled to such tax credit. The Department of Taxation or State Corporation\nCommission shall notify the Department in writing upon determining that a\nbusiness firm is ineligible for such tax credit.\n\nC. Small qualified business firms shall be allowed a business tax credit in an\namount equal to 80 percent of the tax due to the Commonwealth for the first tax\nyear and 60 percent of the tax due the Commonwealth for the second tax year\nthrough the tenth tax year.\n\nD. Large qualified business firms shall be allowed a business tax credit in a\npercentage amount determined by agreement between the Department and the large\nqualified business firm, provided such percentage amounts shall not exceed the\npercentages provided for small qualified business firms as set forth in\nsubsection C.\n\nE. Any business tax credit not usable may not be applied to future tax years.\n\nF. When a partnership or a small business corporation making an election\npursuant to Subchapter S of the Internal Revenue Code is eligible for a tax\ncredit under this section, each partner or shareholder shall be eligible for the\ntax credit provided for in this section on his individual income tax in\nproportion to the amount of income received by that partner from the\npartnership, or shareholder from his corporation, respectively.\n\nG. Tax credits provided for in this section shall only apply to taxable income\nof a qualified business firm attributable to the conduct of business within the\nenterprise zone. Any qualified business firm having taxable income from business\nactivity both within and without the enterprise zone shall allocate and\napportion its Virginia taxable income attributable to the conduct of business as\nfollows:\n\n 1. The portion of a qualified business firm’s Virginia taxable income\n allocated and apportioned to business activities within an enterprise zone\n shall be determined by multiplying its Virginia taxable income by a fraction,\n the numerator of which is the sum of the property factor and the payroll\n factor, and the denominator of which is two.\n \t\t\t\ta. The property factor is a fraction. The numerator is the average value\n of real and tangible personal property of the business firm which is used in\n the enterprise zone. The denominator is the average value of real and tangible\n personal property of the business firm used everywhere in the Commonwealth.\n \t\t\t\tb. The payroll factor is a fraction. The numerator is the total amount\n paid or accrued within the enterprise zone during the taxable period by the\n business firm for compensation. The denominator is the total compensation paid\n or accrued everywhere in the Commonwealth during the taxable period by the\n business firm for compensation.\n\n 2. The property factor and the payroll factor shall be determined in\n accordance with the procedures established in §§ 58.1-409 through\n 58.1-413 for determining the Virginia taxable income of a corporation having\n income from business activities which is taxable both within and without the\n Commonwealth, mutatis mutandis.\n\n 3. If a qualified business firm believes that the method of allocation and\n apportionment hereinbefore prescribed as administered has operated or will\n operate to allocate or apportion to an enterprise zone a lesser portion of its\n Virginia taxable income than is reasonably attributable to business conducted\n within the enterprise zone, it shall be entitled to file with the Department\n of Taxation a statement of its objections and of such alternative method of\n allocation or apportionment as it believes to be appropriate under the\n circumstances with such detail and proof and within such time as the\n Department of Taxation may reasonably prescribe. If the Department of Taxation\n concludes that the method of allocation or apportionment employed is in fact\n inequitable or inapplicable, it shall redetermine the taxable income by such\n other method of allocation or apportionment as best seems calculated to assign\n to an enterprise zone the portion of the qualified business firm’s\n Virginia taxable income reasonably attributable to business conducted within\n the enterprise zone.\n\nH. Tax credits awarded under this section and under § 59.1-280.1 shall not\nexceed $7.5 million annually until the end of fiscal year 2019.\n\nI. The provisions of this section shall apply only as follows:\n\n 1. To those qualified business firms that have initiated use of enterprise\n zone tax credits pursuant to this section on or before July 1, 2005;\n\n 2. To those small qualified business firms and large qualified business firms\n that have signed agreements with the Commonwealth regarding the use of\n enterprise zone tax credits in accordance with this section on or before July\n 1, 2005; provided that in the case of small qualified business firms, the\n signed agreements must be based on proposals developed by the Commonwealth\n prior to November 1, 2004.\n\nHISTORY: 1982, c. 275; 1983, c. 572; 1988, c. 236; 1992, c. 301; 1995, c. 792;\n1996, c. 77; 1997, c. 517; 1998, c. 759; 2003, c. 676; 2005, cc. 863, 884; 2009,\ncc. 207, 271; 2011, c. 850.","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}}