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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79816</law_id><section_number>58.1-308</section_number><catch_line>Assessment and payment of deficiency; fraud; penalties</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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="3">Income Tax</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>If the amount of tax computed by the <span class="dictionary">Department</span> is greater than the amount theretofore assessed, the excess shall be assessed by the <span class="dictionary">Department</span> and a bill for the same shall be mailed to the <span class="dictionary">taxpayer</span>. The <span class="dictionary">taxpayer</span> shall pay such additional tax to the <span class="dictionary">Department</span> within thirty days after the amount of the tax as computed is mailed by the <span class="dictionary">Department</span>. In such case, 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 <span class="dictionary">taxpayer</span>, there shall be no <span class="dictionary">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 &#xA7;&#xA0;<a class="law" title="Rate of interest" href="/58.1-15/">58.1-15</a>, from the time the return was required by <span class="dictionary">law</span> to be filed until paid.
		If the understatement is false or fraudulent with <span class="dictionary">intent</span> to evade the tax, a <span class="dictionary">penalty</span> of 100 percent shall be added together with interest on the tax at a rate determined in accordance with &#xA7;&#xA0;<a class="law" title="Rate of interest" href="/58.1-15/">58.1-15</a>, from the time the return was required by <span class="dictionary">law</span> to be filed until paid.
		Nothing contained in this section shall prevent the <span class="dictionary">taxpayer</span> from applying to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or the city wherein he resides for a correction of the assessment made by the <span class="dictionary">Department</span>, with right of <span class="dictionary">appeal</span> in the manner provided by <span class="dictionary">law</span>.</p></section></text><history>Code 1950, &#xA7; 58-151.071; 1971, Ex. Sess., c. 171; 1977, c. 396; 1984, c. 675.</history><metadata></metadata></law>
