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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>79461</law_id><section_number>58.1-322.03</section_number><catch_line>Virginia taxable income; deductions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-302</reference><reference>58.1-321</reference><reference>58.1-322.02</reference><reference>58.1-324</reference><reference>58.1-339.8</reference><reference>58.1-363</reference><reference>58.1-391</reference><reference>58.1-402</reference><reference>58.1-490</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="3">Income Tax</unit><unit label="article" level="4" order_by="1" identifier="2">Individual Income Tax</unit></structure><text>
						<section><p>In computing Virginia taxable income pursuant to &#xA7;&#xA0;<a class="law" title="Virginia taxable income of residents" href="/58.1-322/">58.1-322</a>, there shall be deducted from Virginia adjusted gross income as defined in &#xA7;&#xA0;<a class="law" title="Exemptions and exclusions" href="/58.1-321/">58.1-321</a>:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> a. The amount allowable for itemized deductions for federal income tax purposes where the <span class="dictionary">taxpayer</span> has elected for the taxable year to itemize deductions on his federal return, but reduced by the amount of income taxes imposed by the Commonwealth or any other taxing <span class="dictionary">jurisdiction</span> and deducted on such federal return and increased by an amount that, when added to the amount deducted under &#xA7; 170 of the Internal Revenue Code for mileage, results in a mileage deduction at the state level for such purposes at a rate of 18 cents per mile; or
			b. Provided that the <span class="dictionary">taxpayer</span> has not itemized deductions for the taxable year on his federal income tax return: (i) for taxable years beginning before January 1, 2019, and on and after January 1, 2027 $3,000 for single <span class="dictionary">individuals</span> and $6,000 for married persons (one-half of such amounts in the case of a married <span class="dictionary">individual</span> filing a separate return); (ii) for taxable years beginning on and after January 1, 2019, but before January 1, 2022, $4,500 for single <span class="dictionary">individuals</span> and $9,000 for married persons (one-half of such amounts in the case of a married <span class="dictionary">individual</span> filing a separate return); (iii) for taxable years beginning on and after January 1, 2022, but before January 1, 2024, $8,000 for single <span class="dictionary">individuals</span> and $16,000 for married persons (one-half of such amounts in the case of a married <span class="dictionary">individual</span> filing a separate return); (iv) for taxable years beginning on and after January 1, 2024, but before January 1, 2025, $8,500 for single <span class="dictionary">individuals</span> and $17,000 for married persons (one-half of such amounts in the case of a married <span class="dictionary">individual</span> filing a separate return); and (v) for taxable years beginning on and after January 1, 2025, but before January 1, 2027, $8,750 for single <span class="dictionary">individuals</span> and $17,500 for married persons (one-half of such amounts in the case of a married <span class="dictionary">individual</span> filing a separate return). For purposes of this section, any person who may be claimed as a dependent on another <span class="dictionary">taxpayer</span>&#x2019;s return for the taxable year may compute the deduction only with respect to <span class="dictionary">earned income</span>. <a id="paragraph-284653" class="section-permalink" href="https://vacode.org/58.1-322.03/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> a. A deduction in the amount of $930 for each personal exemption allowable to the <span class="dictionary">taxpayer</span> for federal income tax purposes.
			b. Each blind or aged <span class="dictionary">taxpayer</span> as defined under &#xA7; 63(f) of the Internal Revenue Code shall be entitled to an additional personal exemption in the amount of $800.
			The additional deduction for blind or aged <span class="dictionary">taxpayers</span> allowed under this subdivision shall be allowable regardless of whether the <span class="dictionary">taxpayer</span> itemizes deductions for the taxable year for federal income tax purposes. <a id="paragraph-284654" class="section-permalink" href="https://vacode.org/58.1-322.03/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> A deduction equal to the amount of employment-related expenses upon which the federal credit is based under &#xA7; 21 of the Internal Revenue Code for expenses for household and dependent care services necessary for gainful employment. <a id="paragraph-284655" class="section-permalink" href="https://vacode.org/58.1-322.03/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> An additional $1,000 deduction for each child residing for the entire taxable year in a home under permanent foster care placement as defined in &#xA7; <a class="law" title="Permanent foster care placement" href="/63.2-908/">63.2-908</a>, provided that the <span class="dictionary">taxpayer</span> can also claim the child as a personal exemption under &#xA7; 151 of the Internal Revenue Code. <a id="paragraph-284656" class="section-permalink" href="https://vacode.org/58.1-322.03/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> a. A deduction in the amount of $12,000 for <span class="dictionary">individuals</span> born on or before January 1, 1939.
			b. A deduction in the amount of $12,000 for <span class="dictionary">individuals</span> born after January 1, 1939, who have attained the age of 65. This deduction shall be reduced by $1 for every $1 that the <span class="dictionary">taxpayer</span>&#x2019;s <span class="dictionary">adjusted federal adjusted gross income</span> exceeds $50,000 for single <span class="dictionary">taxpayers</span> or $75,000 for married <span class="dictionary">taxpayers</span>. For married <span class="dictionary">taxpayers</span> filing separately, the deduction shall be reduced by $1 for every $1 that the total combined <span class="dictionary">adjusted federal adjusted gross income</span> of both spouses exceeds $75,000.
			For the purposes of this subdivision, &#x201C;<span class="dictionary">adjusted federal adjusted gross income</span>&#x201D; means federal adjusted gross income minus any benefits received under Title II of the Social Security Act and other benefits subject to federal income taxation solely pursuant to &#xA7; 86 of the Internal Revenue Code, as amended. <a id="paragraph-284657" class="section-permalink" href="https://vacode.org/58.1-322.03/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> The amount an <span class="dictionary">individual</span> pays as a fee for an initial screening to become a possible bone marrow donor, if (i) the <span class="dictionary">individual</span> is not reimbursed for such fee or (ii) the <span class="dictionary">individual</span> has not claimed a deduction for the payment of such fee on his federal income tax return. <a id="paragraph-284658" class="section-permalink" href="https://vacode.org/58.1-322.03/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> a. A deduction shall be allowed to the <span class="dictionary">purchaser</span> or <span class="dictionary">contributor</span> for the amount paid or contributed during the taxable year for a prepaid tuition <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account entered into with the Commonwealth Savers Plan, pursuant to Chapter 7 (&#xA7; <a class="law" title="Definitions" href="/23.1-700/">23.1-700</a> et seq.) of Title 23.1. Except as provided in subdivision b, the amount deducted on any <span class="dictionary">individual</span> income tax return in any taxable year shall be limited to $4,000 per prepaid tuition <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account. No deduction shall be allowed pursuant to this subdivision 7 if such payments or contributions are deducted on the <span class="dictionary">purchaser</span>&#x2019;s or <span class="dictionary">contributor</span>&#x2019;s federal income tax return. If the purchase price or annual contribution to a college savings <span class="dictionary">trust</span> account exceeds $4,000, the remainder may be carried forward and subtracted in future taxable years until the purchase price or college savings <span class="dictionary">trust</span> contribution has been fully deducted; however, except as provided in subdivision b, in no event shall the amount deducted in any taxable year exceed $4,000 per <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account. Notwithstanding the <span class="dictionary">statute of limitations</span> on assessments contained in &#xA7; <a class="law" title="Limitations on assessment" href="/58.1-312/">58.1-312</a>, any deduction taken hereunder shall be subject to recapture in the taxable year or years in which distributions or refunds are made for any reason other than (i) to pay qualified higher education expenses, as defined in &#xA7; 529 of the Internal Revenue Code or (ii) the beneficiary&#x2019;s death, disability, or receipt of a scholarship. For the purposes of this subdivision, &#x201C;<span class="dictionary">purchaser</span>&#x201D; or &#x201C;<span class="dictionary">contributor</span>&#x201D; means the person shown as such on the records of the Commonwealth Savers Plan as of December 31 of the taxable year. In the case of a transfer of ownership of a prepaid tuition <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account, the transferee shall succeed to the transferor&#x2019;s tax attributes associated with a prepaid tuition <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account, including, but not limited to, carryover and recapture of deductions.
			b. A <span class="dictionary">purchaser</span> of a prepaid tuition <span class="dictionary">contract</span> or <span class="dictionary">contributor</span> to a college savings <span class="dictionary">trust</span> account who has attained age 70 shall not be subject to the limitation that the amount of the deduction not exceed $4,000 per prepaid tuition <span class="dictionary">contract</span> or college savings <span class="dictionary">trust</span> account in any taxable year. Such <span class="dictionary">taxpayer</span> shall be allowed a deduction for the full amount paid for the <span class="dictionary">contract</span> or contributed to a college savings <span class="dictionary">trust</span> account, less any amounts previously deducted. <a id="paragraph-284659" class="section-permalink" href="https://vacode.org/58.1-322.03/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> The total amount an <span class="dictionary">individual</span> actually contributed in funds to the Virginia Public School Construction Grants Program and Fund, established in Chapter 11.1 (&#xA7; <a class="law" title="Virginia Public School Construction Grants Program established" href="/22.1-175.1/">22.1-175.1</a> et seq.) of Title 22.1, provided that the <span class="dictionary">individual</span> has not claimed a deduction for such amount on his federal income tax return. <a id="paragraph-284660" class="section-permalink" href="https://vacode.org/58.1-322.03/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> An amount equal to 20 percent of the tuition costs incurred by an <span class="dictionary">individual</span> employed as a primary or secondary school teacher licensed pursuant to Chapter 15 (&#xA7; <a class="law" title="Teacher compensation; biennial review required" href="/22.1-289.1/">22.1-289.1</a> et seq.) of Title 22.1 to attend continuing teacher education courses that are required as a condition of employment; however, the deduction provided by this subdivision shall be available only if (i) the <span class="dictionary">individual</span> is not reimbursed for such tuition costs and (ii) the <span class="dictionary">individual</span> has not claimed a deduction for the payment of such tuition costs on his federal income tax return. <a id="paragraph-284661" class="section-permalink" href="https://vacode.org/58.1-322.03/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> The amount an <span class="dictionary">individual</span> pays annually in premiums for long-term health care insurance, provided that the <span class="dictionary">individual</span> has not claimed a deduction for federal income tax purposes, or, for taxable years beginning before January 1, 2014, a credit under &#xA7; <a class="law" title="Repealed" href="/58.1-339.11/">58.1-339.11</a>. For taxable years beginning on and after January 1, 2014, no such deduction for long-term health care insurance premiums paid by the <span class="dictionary">individual</span> during the taxable year shall be allowed if the <span class="dictionary">individual</span> has claimed a federal income tax deduction for such taxable year for long-term health care insurance premiums paid by him. <a id="paragraph-284662" class="section-permalink" href="https://vacode.org/58.1-322.03/#10"><i class="fa fa-link"/></a></p></section>
						<section id="11"><p><span class="prefix-number">11.</span> <span class="dictionary">Contract</span> payments to a producer of quota tobacco or a tobacco quota holder, or their spouses, as provided under the American Jobs Creation Act of 2004 (P.L. 108-357), but only to the extent that such payments have not been subtracted pursuant to subsection D of &#xA7; <a class="law" title="Virginia taxable income" href="/58.1-402/">58.1-402</a>, as follows:
			a. If the payment is received in installment payments, then the recognized gain may be subtracted in the taxable year immediately following the year in which the installment payment is received.
			b. If the payment is received in a single payment, then 10 percent of the recognized gain may be subtracted in the taxable year immediately following the year in which the single payment is received. The <span class="dictionary">taxpayer</span> may then deduct an equal amount in each of the nine succeeding taxable years. <a id="paragraph-284663" class="section-permalink" href="https://vacode.org/58.1-322.03/#11"><i class="fa fa-link"/></a></p></section>
						<section id="12"><p><span class="prefix-number">12.</span> An amount equal to 20 percent of the sum paid by an <span class="dictionary">individual</span> pursuant to Chapter 6 (&#xA7; <a class="law" title="Short title" href="/58.1-600/">58.1-600</a> et seq.), not to exceed $500 in each taxable year, in purchasing for his own use the following items of tangible personal property: (i) any clothes washers, room air conditioners, dishwashers, and standard size refrigerators that meet or exceed the applicable energy star efficiency requirements developed by the U.S. Environmental Protection Agency and the U.S. <span class="dictionary">Department</span> of Energy; (ii) any fuel cell that (a) generates electricity using an electrochemical process, (b) has an electricity-only generation efficiency greater than 35 percent, and (c) has a generating capacity of at least two kilowatts; (iii) any gas heat pump that has a coefficient of performance of at least 1.25 for heating and at least 0.70 for cooling; (iv) any electric heat pump hot water heater that yields an energy factor of at least 1.7; (v) any electric heat pump that has a heating system performance factor of at least 8.0 and a cooling seasonal energy efficiency ratio of at least 13.0; (vi) any central air conditioner that has a cooling seasonal energy efficiency ratio of at least 13.5; (vii) any advanced gas or oil water heater that has an energy factor of at least 0.65; (viii) any advanced oil-fired boiler with a minimum annual fuel-utilization rating of 85; (ix) any advanced oil-fired furnace with a minimum annual fuel-utilization rating of 85; and (x) programmable thermostats. <a id="paragraph-284664" class="section-permalink" href="https://vacode.org/58.1-322.03/#12"><i class="fa fa-link"/></a></p></section>
						<section id="13"><p><span class="prefix-number">13.</span> The lesser of $5,000 or the amount actually paid by a living donor of an organ or other living tissue for unreimbursed out-of-pocket expenses directly related to the donation that arose within 12 months of such donation, provided that the donor has not taken a medical deduction in accordance with the provisions of &#xA7; 213 of the Internal Revenue Code for such expenses. The deduction may be taken in the taxable year in which the donation is made or the taxable year in which the 12-month period expires. <a id="paragraph-284665" class="section-permalink" href="https://vacode.org/58.1-322.03/#13"><i class="fa fa-link"/></a></p></section>
						<section id="14"><p><span class="prefix-number">14.</span> For taxable years beginning on and after January 1, 2013, the amount an <span class="dictionary">individual</span> age 66 or older with <span class="dictionary">earned income</span> of at least $20,000 for the year and federal adjusted gross income not in excess of $30,000 for the year pays annually in premiums for (i) a prepaid funeral insurance policy covering the <span class="dictionary">individual</span> or (ii) medical or dental insurance for any person for whom <span class="dictionary">individual</span> tax filers may claim a deduction for such premiums under federal income tax <span class="dictionary">laws</span>. As used in this subdivision, &#x201C;<span class="dictionary">earned income</span>&#x201D; means the same as that term is defined in &#xA7; 32(c) of the Internal Revenue Code. The deduction shall not be allowed for any portion of such premiums paid for which the <span class="dictionary">individual</span> has (a) been reimbursed, (b) claimed a deduction for federal income tax purposes, (c) claimed a deduction or subtraction under another provision of this section, or (d) claimed a federal income tax credit or any income tax credit pursuant to this chapter. <a id="paragraph-284666" class="section-permalink" href="https://vacode.org/58.1-322.03/#14"><i class="fa fa-link"/></a></p></section>
						<section id="15"><p><span class="prefix-number">15.</span> <span class="dictionary">Business interest</span> disallowed as a deduction pursuant to &#xA7; 163(j) of the Internal Revenue Code:
			a. For taxable years beginning on and after January 1, 2018, but before January 1, 2022, 20 percent of such disallowed <span class="dictionary">business interest</span>;
			b. For taxable years beginning on and after January 1, 2022, but before January 1, 2024, 30 percent of such disallowed <span class="dictionary">business interest</span>;
			c. For taxable years beginning on and after January 2, 2024, 50 percent of such disallowed <span class="dictionary">business interest</span>.
			For purposes of subdivision 15, &#x201C;<span class="dictionary">business interest</span>&#x201D; means the same as that term is defined under &#xA7; 163(j) of the Internal Revenue Code. <a id="paragraph-284667" class="section-permalink" href="https://vacode.org/58.1-322.03/#15"><i class="fa fa-link"/></a></p></section>
						<section id="16"><p><span class="prefix-number">16.</span> For taxable years beginning on and after January 1, 2019, the actual amount of real and personal property taxes imposed by the Commonwealth or any other taxing <span class="dictionary">jurisdiction</span> not otherwise deducted solely on account of the dollar limitation imposed on <span class="dictionary">individual</span> deductions by &#xA7; 164(b)(6)(B) of the Internal Revenue Code. <a id="paragraph-284668" class="section-permalink" href="https://vacode.org/58.1-322.03/#16"><i class="fa fa-link"/></a></p></section>
						<section id="17"><p><span class="prefix-number">17.</span> For taxable years beginning before January 1, 2021, up to $100,000 of the amount that is not deductible when computing federal adjusted gross income solely on account of the portion of subdivision B 10 of &#xA7; <a class="law" title="(Applicable to taxable years beginning on and after January 1, 2023) Conformity to Internal Revenue Code" href="/58.1-301/">58.1-301</a> related to Paycheck Protection Program loans. <a id="paragraph-284669" class="section-permalink" href="https://vacode.org/58.1-322.03/#17"><i class="fa fa-link"/></a></p></section>
						<section id="18"><p><span class="prefix-number">18.</span> For taxable years beginning on and after January 1, 2022, but before January 1, 2025, the lesser of $500 or the actual amount paid or incurred for <span class="dictionary">eligible educator</span> <span class="dictionary">qualifying expenses</span>. For purposes of this subdivision, &#x201C;<span class="dictionary">eligible educator</span>&#x201D; means an <span class="dictionary">individual</span> who for at least 900 hours during the taxable year in which the credit under this section is claimed served as a teacher licensed pursuant to Chapter 15 (&#xA7; <a class="law" title="Teacher compensation; biennial review required" href="/22.1-289.1/">22.1-289.1</a> et seq.) of Title 22.1, instructor, student counselor, principal, special needs personnel, or student aide serving accredited public or private primary and secondary school students in Virginia, and &#x201C;<span class="dictionary">qualifying expenses</span>&#x201D; means 100 percent of the amount paid or incurred by an <span class="dictionary">eligible educator</span> during the taxable year for participation in professional development courses and the purchase of books, supplies, computer equipment (including related software and services), other educational and teaching equipment, and supplementary <span class="dictionary">materials</span> used directly in that <span class="dictionary">individual</span>&#x2019;s service to students as an <span class="dictionary">eligible educator</span>, provided that such purchases were neither reimbursed nor claimed as a deduction on the <span class="dictionary">eligible educator</span>&#x2019;s federal income tax return for such taxable year. <a id="paragraph-284670" class="section-permalink" href="https://vacode.org/58.1-322.03/#18"><i class="fa fa-link"/></a></p></section>
						<section id="19"><p><span class="prefix-number">19.</span> For taxable years beginning on and after January 1, 2026, the amount paid or cost incurred for installing a qualifying upgrade required to interconnect a triggering project. No deduction shall be allowed under this section for a <span class="dictionary">taxpayer</span> who has claimed a deduction under subsection I of &#xA7; <a class="law" title="Virginia taxable income" href="/58.1-402/">58.1-402</a> for the same amount paid or cost incurred to install such qualifying upgrade.
			For purposes of this subdivision, &#x201C;qualifying upgrade&#x201D; and &#x201C;triggering project&#x201D; have the same meanings as provided for those terms in &#xA7; <a class="law" title="Rate increases in certain months prohibited; Phase I Utility" href="/56-596.5/">56-596.5</a>. <a id="paragraph-284671" class="section-permalink" href="https://vacode.org/58.1-322.03/#19"><i class="fa fa-link"/></a></p></section></text><history>2017, c. 444; 2019, cc. 17, 18; 2021, Sp. Sess. I, cc. 117, 118, 552; 2022, cc. 3, 19, 648; 2022, Sp. Sess. I, cc. 1, 6; 2023, Sp. Sess. I, c. 1; 2024, c. 217; 2025, cc. 615, 658, 725.</history><metadata></metadata></law>
