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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60797</law_id><section_number>58.1-3981</section_number><catch_line>Correction by commissioner or other official performing his duties</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-3407</reference><reference>58.1-3713.3</reference><reference>58.1-3971</reference><reference>58.1-3982</reference><reference>58.1-3984</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="5">Correction of Assessments, Remedies and Refunds</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that he has erroneously assessed such applicant with any such tax, he shall correct such assessment. If the assessment exceeds the proper amount, he shall exonerate the applicant from the payment of so much as is erroneously charged if not paid into the treasury of the county or city. If the assessment has been paid, the governing body of the county or city shall, upon the certificate of the commissioner with the consent of the town, city or county attorney, or if none, the attorney for the Commonwealth, that such assessment was erroneous, direct the treasurer of the county, city or town to refund the excess to the <span class="dictionary">taxpayer</span>, with interest if authorized pursuant to &#xA7; <a class="law" title="Interest on taxes not paid by following day" href="/58.1-3918/">58.1-3918</a> or in the <span class="dictionary">ordinance</span> authorized by &#xA7; <a class="law" title="Counties, cities, and towns may provide dates for filing returns and set penalties, interest, etc" href="/58.1-3916/">58.1-3916</a>, or as otherwise authorized in that section. However, the governing body of the county, city or town may authorize the treasurer to approve and <span class="dictionary">issue</span> any refund up to $10,000 as a result of an erroneous assessment. <a id="paragraph-222268" class="section-permalink" href="https://vacode.org/58.1-3981/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the assessment is less than the proper amount, the commissioner shall assess such applicant with the proper amount. If any assessment is erroneous because of a mere clerical error or calculation, the same may be corrected as herein provided and with or without <span class="dictionary">petition</span> from the <span class="dictionary">taxpayer</span>. If such error or calculation was made in work performed by others in connection with conducting general assessments, such mistake may be corrected by the commissioner of the revenue. <a id="paragraph-222269" class="section-permalink" href="https://vacode.org/58.1-3981/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that any assessment is erroneous because of a factual error made in work performed by others in connection with conducting general reassessments, he shall correct such assessment as herein provided and with or without <span class="dictionary">petition</span> from the <span class="dictionary">taxpayer</span>. <a id="paragraph-222270" class="section-permalink" href="https://vacode.org/58.1-3981/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> An error in the valuation of property subject to the rollback tax imposed under &#xA7; <a class="law" title="Change in use or zoning of real estate assessed under ordinance; roll-back taxes" href="/58.1-3237/">58.1-3237</a> for those years to which such tax is applicable may be corrected within three years of the assessment of the rollback tax. <a id="paragraph-222271" class="section-permalink" href="https://vacode.org/58.1-3981/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> A copy of any correction made under this section shall be certified by the commissioner or such other official to the treasurer of his county, city, or town. <a id="paragraph-222272" class="section-permalink" href="https://vacode.org/58.1-3981/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> In any action on application for correction under &#xA7; <a class="law" title="Application to commissioner of the revenue or other official for correction" href="/58.1-3980/">58.1-3980</a>, if so requested by the applicant, the commissioner or other such official shall state in writing the <span class="dictionary">facts</span> and <span class="dictionary">law</span> supporting the action on such application and mail a copy of such writing to the applicant at his last known address. <a id="paragraph-222273" class="section-permalink" href="https://vacode.org/58.1-3981/#F"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 58-1142; 1956, c. 598; 1958, c. 585; 1960, c. 547; 1974, c. 362; 1975, c. 257; 1977, c. 99; 1980, c. 657; 1982, c. 332; 1984, c. 675; 1995, c. 108; 1998, c. 529; 1999, cc. 624, 631, 677; 2020, cc. 240, 644; 2022, c. 286.</history><metadata></metadata></law>
