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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56960</law_id><section_number>58.1-351</section_number><catch_line>When, where and how individual income taxes payable and collectible</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="4">Accounting, Returns, Procedures for Individuals</unit></structure><text>
						<section><p>Each <span class="dictionary">individual</span> and fiduciary liable for income tax shall pay the same to the treasurer of the county or city with whose commissioner of the revenue the <span class="dictionary">taxpayer</span> files his return at the time fixed by <span class="dictionary">law</span> for filing the return. The full amount of the tax payable as shown on the face of the return shall be so paid. A <span class="dictionary">taxpayer</span> may file his return and pay his tax in full in the closing days of his taxable year provided he is able to prepare a complete return.
		If any payment is not made in full when due, there shall be added to the entire tax or to any unpaid balance of the tax, a <span class="dictionary">penalty</span> of six percent of the amount thereof, if the failure is for not more than one month, with an additional six percent for each additional month or fraction thereof during which such failure to pay continues, not exceeding thirty percent in the aggregate. The entire tax or any unpaid balance of the tax, together with such <span class="dictionary">penalty</span>, will immediately become collectible. Interest upon such tax or any unpaid balance of the tax, and on the accrued <span class="dictionary">penalty</span>, shall be added 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 date the tax or any unpaid balance of the tax, was originally due until paid. In the case of an additional tax assessed by the commissioner of the revenue under the provisions of &#xA7;&#xA0;<a class="law" title="Disposition of returns; handling of state income tax payments; audit" href="/58.1-307/">58.1-307</a>, 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 said return was required by <span class="dictionary">law</span> to be filed until paid.
		The <span class="dictionary">penalty</span> under this section shall not be applicable to any month or fraction thereof for which the <span class="dictionary">individual</span> is subject to the <span class="dictionary">penalty</span> imposed under &#xA7;&#xA0;<a class="law" title="Penalty for failure to file income tax returns in time" href="/58.1-347/">58.1-347</a>. In no event shall the total amount of <span class="dictionary">penalty</span> assessed under this section and under &#xA7;&#xA0;<a class="law" title="Penalty for failure to file income tax returns in time" href="/58.1-347/">58.1-347</a> exceed thirty percent in the aggregate.</p></section></text><history>Code 1950, &#xA7; 58-151.077; 1971, Ex. Sess., c. 171; 1977, c. 396; 1984, c. 675; 1989, cc. 629, 642; 1991, cc. 316, 331.</history><metadata></metadata></law>
