<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79294</law_id><section_number>58.1-1826</section_number><catch_line>Action of court</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-1825</reference><reference>58.1-1830</reference><reference>58.1-204</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="18">Enforcement, Collection, Refund, Remedies and Review of State Taxes</unit><unit label="article" level="4" order_by="1" identifier="2">Corrections of Erroneous Assessments; Refunds</unit></structure><text>
						<section><p>If the <span class="dictionary">court</span> is satisfied that the applicant is erroneously or improperly assessed with any taxes, or that an action with respect to a transferred credit or other tax attribute is erroneous, and that the erroneous assessment or action was not caused by the willful failure or refusal of the applicant to furnish the <span class="dictionary">Department</span> with the necessary information, as required by <span class="dictionary">law</span>, the <span class="dictionary">court</span> may <span class="dictionary">order</span> that the assessment or action be corrected. If the assessment exceeds the proper amount, the <span class="dictionary">court</span> may <span class="dictionary">order</span> that the applicant be exonerated from the payment of so much as is erroneously or improperly charged, if not already paid and, if paid, that it be refunded to him. If the assessment is less than the proper amount, the <span class="dictionary">court</span> shall <span class="dictionary">order</span> that the applicant pay the proper taxes and to this end the <span class="dictionary">court</span> shall be clothed with all the powers and duties of the authority which made the assessment complained of as of the time when such assessment was made and all the powers and duties conferred by <span class="dictionary">law</span> upon such authority between the time such assessment was made and the time such application is heard. The <span class="dictionary">court</span> may <span class="dictionary">order</span> that any amount which has been improperly collected be refunded to such applicant. A copy of any <span class="dictionary">order</span> made under this section or &#xA7;&#xA0;<a class="law" title="Correction of double assessments" href="/58.1-1827/">58.1-1827</a> correcting an erroneous or improper assessment shall be certified by the clerk of the <span class="dictionary">court</span> to the <span class="dictionary">Tax Commissioner</span>.</p></section></text><history>Code 1950, &#xA7; 58-1134; 1972, c. 721; 1980, c. 633; 1984, c. 675; 1985, c. 221; 2006, c. 342; 2008, c. 549.</history><metadata></metadata></law>
