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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73325</law_id><section_number>58.1-3916</section_number><catch_line>Counties, cities, and towns may provide dates for filing returns and set penalties, interest, etc</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-2159</reference><reference>58.1-3237</reference><reference>58.1-3516</reference><reference>58.1-3516.1</reference><reference>58.1-3518</reference><reference>58.1-3518.1</reference><reference>58.1-3703.1</reference><reference>58.1-3900</reference><reference>58.1-3903</reference><reference>58.1-3915</reference><reference>58.1-3916.02</reference><reference>58.1-3918</reference><reference>58.1-3981</reference><reference>58.1-3987</reference><reference>58.1-535</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="III">Local Taxes</unit><unit label="chapter" level="3" order_by="1" identifier="39">Enforcement, Collection, Refunds, Remedies and Review of Local Taxes</unit><unit label="article" level="4" order_by="1" identifier="2">Collection by Treasurers, Etc</unit></structure><text>
						<section><p>Notwithstanding provisions contained in &#xA7;&#xA7;&#xA0;<a class="law" title="Taxpayers to file returns" href="/58.1-3518/">58.1-3518</a>, <a class="law" title="Filing of returns" href="/58.1-3900/">58.1-3900</a>, <a class="law" title="When treasurer to receive taxes and levies without penalty; how payments credited" href="/58.1-3913/">58.1-3913</a>, <a class="law" title="Penalty for failure to pay taxes by December 5" href="/58.1-3915/">58.1-3915</a>, and <a class="law" title="Interest on taxes not paid by following day" href="/58.1-3918/">58.1-3918</a>, the governing body of any county, city, or town may provide by <span class="dictionary">ordinance</span> the time for filing local license applications and annual returns of taxable tangible personal property, machinery and tools, and merchants&#x2019; capital. The governing body may also by <span class="dictionary">ordinance</span> establish due dates for the payment of local taxes; may provide that payment be made in a single installment or in two equal installments; may offer options, which may include coupon books and payroll deductions, which allow the <span class="dictionary">taxpayer</span> to determine whether to pay the tangible personal property tax through monthly, bimonthly, quarterly, or semiannual installments or in a lump sum, provided such taxes are paid in full by the final due date; may provide by <span class="dictionary">ordinance</span> penalties for failure to file such applications and returns and for nonpayment in time; may provide for payment of interest on delinquent taxes; and may provide for the recovery of reasonable attorney&#x2019;s or collection agency&#x2019;s fees actually contracted for, not to exceed 20 percent of the delinquent taxes and other charges so collected. A locality that provides for payment of interest on delinquent taxes shall provide for interest at the same rate on overpayments due to erroneously assessed taxes to be paid to the <span class="dictionary">taxpayer</span>, provided that no interest shall be required to be paid on such refund if (i) the amount of the refund is $10 or less or (ii) the refund is the result of proration pursuant to &#xA7;&#xA0;<a class="law" title="Proration of personal property tax" href="/58.1-3516/">58.1-3516</a>. A <span class="dictionary">court</span> that finds that an overpayment of local taxes has been made in an action brought pursuant to &#xA7;&#xA0;<a class="law" title="Application to court to correct erroneous assessments of local levies generally" href="/58.1-3984/">58.1-3984</a> shall award interest at the appropriate rate, notwithstanding the failure of the locality to conform its <span class="dictionary">ordinance</span> to the requirements of this section.
		Notwithstanding any contrary provision of <span class="dictionary">law</span>, the local governing body shall allow an automatic extension on real property taxes imposed upon a primary residence and personal property taxes imposed upon a qualifying vehicle, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/58.1-3523/">58.1-3523</a>, owed by members of <span class="dictionary">the armed services of the United States</span> deployed outside of the United States. Such extension shall end and the taxes shall be due 90 days following the completion of such member&#x2019;s deployment. For purposes of this section, &#x201C;<span class="dictionary">the armed services of the United States</span>&#x201D; includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.
		No tax assessment or tax bill shall be deemed delinquent and subject to the collection procedures prescribed herein during the pendency of any administrative <span class="dictionary">appeal</span> under &#xA7;&#xA0;<a class="law" title="Application to commissioner of the revenue or other official for correction" href="/58.1-3980/">58.1-3980</a>, so long as the <span class="dictionary">appeal</span> is filed within 90 days of the date of the assessment, and for 30 days after the date of the final determination of the <span class="dictionary">appeal</span>, provided that nothing in this paragraph shall be construed to preclude the assessment or refund, following the final determination of such <span class="dictionary">appeal</span>, of such interest as otherwise may be provided by general <span class="dictionary">law</span> as to that portion of a tax bill that has remained unpaid or was overpaid during the pendency of such <span class="dictionary">appeal</span> and is determined in such <span class="dictionary">appeal</span> to be properly due and owing.
		Interest may commence not earlier than the first day following the day such taxes are due by <span class="dictionary">ordinance</span> to be filed, at a rate not to exceed 10 percent per year. The governing body may impose interest at a rate not to exceed the rate of interest established pursuant to &#xA7;&#xA0;6621 of the Internal Revenue Code of 1954, as amended, or 10 percent annually, whichever is greater, for the second and subsequent years of delinquency. No <span class="dictionary">penalty</span> for failure to pay a tax or installment shall exceed (i) 10 percent of the tax past due on such property; (ii) in the case of delinquent tangible personal property tax more than 30 days past due on property classified pursuant to subdivision A 15, 16, or 20 of &#xA7;&#xA0;<a class="law" title="Other classifications of tangible personal property for taxation" href="/58.1-3506/">58.1-3506</a>, which remains unpaid after 10 days&#x2019; written notice sent by United States mail to the <span class="dictionary">taxpayer</span> of the intention to impose a <span class="dictionary">penalty</span> pursuant hereto, the <span class="dictionary">penalty</span> shall not exceed an amount equal to the difference between the tax due and owing with respect to such property and the tax that would have been due and owing if the property in question had been classified as general tangible personal property pursuant to &#xA7;&#xA0;<a class="law" title="General classification of tangible personal property" href="/58.1-3503/">58.1-3503</a>; (iii) in the case of delinquent tangible personal property tax more than 30 days past due, 25 percent of the tax past due on such tangible personal property; (iv) in the case of delinquent remittance of excise taxes on meals, lodging, or admissions collected from consumers, 10 percent for the first month the taxes are past due, and five percent for each month thereafter, up to a maximum of 25 percent of the taxes collected but not remitted; or (v) $10, whichever is greater, provided, however, that the <span class="dictionary">penalty</span> shall in no case exceed the amount of the tax assessable. No <span class="dictionary">penalty</span> for failure to file a return shall be greater than 10 percent of the tax assessable on such return or $10, whichever is greater, provided, however, that the <span class="dictionary">penalty</span> shall in no case exceed the amount of the tax assessable. The assessment of such <span class="dictionary">penalty</span> shall not be deemed a defense to any criminal <span class="dictionary">prosecution</span> for failing to make return of taxable property as may be required by <span class="dictionary">law</span> or <span class="dictionary">ordinance</span>. <span class="dictionary">Penalty</span> for failure to file an application or return may be assessed on the day after such return or application is due; <span class="dictionary">penalty</span> for failure to pay any tax may be assessed on the day after the first installment is due. Any such <span class="dictionary">penalty</span> when so assessed shall become a part of the tax. Any bill issued by the treasurer imposing a <span class="dictionary">penalty</span> or interest for taxes owed on machinery and tools or tangible personal property owned by a business shall separately state the total amount of tax owed, the amount of any interest assessed, and the amount of the <span class="dictionary">penalty</span> imposed.
		No <span class="dictionary">penalty</span> for failure to pay any tax shall be imposed for any assessment made later than two weeks prior to the day on which the taxes are due, if such assessment is made thereafter through the fault of a local official, and if such assessment is paid within two weeks after the notice thereof is mailed.
		In the event a transfer of real property ownership occurs after January 1 of a tax year and a real estate tax bill has been mailed pursuant to &#xA7;&#xA7;&#xA0;<a class="law" title="When commissioner of the revenue to ascertain ownership of real estate; tax year" href="/58.1-3281/">58.1-3281</a> and <a class="law" title="Local tax officials to mail certain tax documents to taxpayers; penalties; electronic transmission" href="/58.1-3912/">58.1-3912</a>, the treasurer or other appropriate local official designated by <span class="dictionary">ordinance</span> of the local governing body in <span class="dictionary">jurisdictions</span> not having a treasurer, upon ascertaining that a property transfer has occurred, may invalidate a bill sent to the prior owner and reissue the bill to the new owner as permitted by &#xA7;&#xA0;<a class="law" title="Local tax officials to mail certain tax documents to taxpayers; penalties; electronic transmission" href="/58.1-3912/">58.1-3912</a>, and no <span class="dictionary">penalty</span> for failure to pay any tax for any such assessment shall be imposed if the tax is paid within two weeks after the notice thereof is mailed.
		<span class="dictionary">Penalty</span> and interest for failure to file a return or to pay a tax shall not be imposed if such failure was not the fault of the <span class="dictionary">taxpayer</span>, or was the fault of the commissioner of the revenue, the treasurer, or the United States Postal Service when no postmark is properly affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, and the return or payment is received through the United States mail no later than five days following the time of the close of business on the last day on which such return may be filed or such tax may be paid without <span class="dictionary">penalty</span> or interest, as the case may be. No such <span class="dictionary">penalty</span> and interest shall be imposed if a <span class="dictionary">taxpayer</span> provides <span class="dictionary">evidence</span> that a tax return filing or a tax payment was timely by producing a United States Postal Service Certificate of Mailing, or other proof of mailing, showing such return was filed or such payment was made before the close of business on the last day such return may be filed or such tax may be paid without <span class="dictionary">penalty</span> or interest. The failure to file a return or to pay a tax due to the death of the <span class="dictionary">taxpayer</span> or a medically determinable physical or mental impairment on the date the return or tax is due shall be presumptive proof of lack of fault on the <span class="dictionary">taxpayer</span>&#x2019;s part, provided the return is filed or the taxes are paid within 30 days of the due date; however, if there is a committee, legal guardian, conservator or other fiduciary handling the individual&#x2019;s affairs, such return shall be filed or such taxes paid within 120 days after the fiduciary qualifies or begins to act on behalf of the <span class="dictionary">taxpayer</span>. Interest on such taxes shall accrue until paid in full. Any such fiduciary shall, on behalf of the <span class="dictionary">taxpayer</span>, by the due date, file any required returns and pay any taxes that come due after the 120-day period. The treasurer shall make determinations of fault relating exclusively to failure to pay a tax, and the commissioner of the revenue shall make determinations of fault relating exclusively to failure to file a return. In <span class="dictionary">jurisdictions</span> not having a treasurer or commissioner of the revenue, the governing body may delegate to the appropriate local tax officials the responsibility to make the determination of fault.
		The governing body may further provide by resolution for reasonable extensions of time, not to exceed 90 days, for the payment of real estate and personal property taxes and for filing returns on tangible personal property, machinery and tools, and merchants&#x2019; capital, and the business, professional, and occupational license tax, whenever good cause exists. The official granting such extension shall keep a record of every such extension. If any <span class="dictionary">taxpayer</span> who has been granted an extension of time for filing his return fails to file his return within the extended time, his case shall be treated the same as if no extension had been granted.
		The governing body may further provide by resolution that the treasurer or other officer responsible for the collection of taxes may enter into an agreement with any <span class="dictionary">taxpayer</span> who has been assessed with omitted taxes, including penalties and interest with respect to such taxes, pursuant to &#xA7;&#xA0;<a class="law" title="Omitted local taxes or levies" href="/58.1-3903/">58.1-3903</a> or <a class="law" title="Omitted lands" href="/58.1-3904/">58.1-3904</a>, for the payment of the taxes, penalties, and interest so assessed over a period that is reasonable under the circumstances but that in no event shall exceed 72 months. Any agreement under this paragraph shall provide for the payment of current tax obligations as they come due, which payments shall be credited to current tax obligations notwithstanding the provisions of &#xA7;&#xA0;<a class="law" title="When treasurer to receive taxes and levies without penalty; how payments credited" href="/58.1-3913/">58.1-3913</a> and shall be secured by the <span class="dictionary">lien</span> of the locality pursuant to &#xA7;&#xA0;<a class="law" title="Lien on real estate for taxes and levies assessed thereon; responsibility of purchaser or trustee at sale; lien on rents" href="/58.1-3340/">58.1-3340</a>.
		This section shall be the sole authority for local <span class="dictionary">ordinances</span> setting due dates of local taxes and <span class="dictionary">penalty</span> and interest thereon and shall supersede the provisions of any charter or special act.</p></section></text><history>Code 1950, &#xA7; 58-847; 1954, c. 253; 1968, c. 291; 1971, Ex. Sess., c. 193; 1973, cc. 321, 325; 1974, c. 309; 1976, cc. 518, 527, 675; 1978, c. 395; 1980, c. 663; 1982, cc. 87, 618; 1984, cc. 181, 675; 1986, cc. 206, 353; 1987, cc. 570, 582, 595; 1989, c. 238; 1990, cc. 667, 696, 702; 1991, cc. 471, 484, 493, 509; 1993, c. 91; 1994, c. 932; 1995, c. 395; 1997, cc. 481, 496, 911; 1998, cc. 375, 542, 649; 1999, c. 631; 2000, cc. 433, 507; 2005, c. 501; 2006, cc. 200, 231, 459; 2007, cc. 88, 609; 2008, c. 591; 2023, cc. 14, 163; 2024, c. 488.</history><metadata></metadata></law>
