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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54651</law_id><section_number>58.1-440.1</section_number><catch_line>Accounting-deferred taxes</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="14">Accounting, Returns, Procedures for Corporations</unit></structure><text>
						<section><p>In the case of a pipeline distribution company, a gas utility, a gas supplier or an electric supplier, as defined in &#xA7;&#xA0;<a class="law" title="Taxation of electric suppliers, pipeline distribution companies, gas utilities, and gas suppliers" href="/58.1-400.2/">58.1-400.2</a>, that was subject to the tax imposed under &#xA7;&#xA0;<a class="law" title="Annual state license tax on companies furnishing water, heat, light or power" href="/58.1-2626/">58.1-2626</a> with respect to its gross receipts received during the year commencing January 1, 2000, and that on or after January 1, 2001, becomes subject to the corporate income tax pursuant to Article 10 (&#xA7;&#xA0;<a class="law" title="Imposition of tax" href="/58.1-400/">58.1-400</a> et seq.) of this chapter, net income shall be computed by taking into account the following adjustments:
		In addition to the deductions for depreciation, amortization, or other cost recovery currently allowed by this Code, there shall be allowed deductions for the amortization of the <span class="dictionary">Virginia tax basis</span> of <span class="dictionary">assets</span> that are recoverable for financial accounting and/or income tax purposes placed in service prior to the <span class="dictionary">adjustment date</span>. For purposes of this section, (i) &#x201C;<span class="dictionary">Virginia tax basis</span>&#x201D; means the aggregate adjusted book basis less the aggregate adjusted tax basis of such <span class="dictionary">assets</span> as recorded on the company&#x2019;s books of accounts as of the last day of the tax year immediately preceding the <span class="dictionary">adjustment date</span> and (ii) &#x201C;<span class="dictionary">adjustment date</span>&#x201D; means the first day of the tax year in which such pipeline distribution company, gas utility, gas supplier or electric supplier becomes subject to the tax imposed by &#xA7;&#xA0;<a class="law" title="Taxation of electric suppliers, pipeline distribution companies, gas utilities, and gas suppliers" href="/58.1-400.2/">58.1-400.2</a> A. The amortization of the <span class="dictionary">Virginia tax basis</span> shall be computed using the straight-line method over a period of thirty years, beginning on the <span class="dictionary">adjustment date</span>. Gain or loss on the <span class="dictionary">disposition</span> or retirement of any such asset shall be computed using its adjusted federal tax basis, and the amortization of the <span class="dictionary">Virginia tax basis</span> shall continue thereafter without adjustment. The <span class="dictionary">Department</span> of Taxation shall promulgate regulations describing a reasonable method of allocating the <span class="dictionary">Virginia tax basis</span> in the event that a portion of the operations of a pipeline distribution company, gas utility, gas supplier or electric supplier are separated, spun-off, transferred to a separate company or otherwise disaggregated. For gas suppliers, pipeline distribution companies or gas utilities which are required to file an income tax return for a short taxable year pursuant to subsection E of &#xA7;&#xA0;<a class="law" title="Taxation of electric suppliers, pipeline distribution companies, gas utilities, and gas suppliers" href="/58.1-400.2/">58.1-400.2</a>, a portion of the amortized <span class="dictionary">Virginia tax basis</span> will be disallowed based on the proration in computing Virginia taxable income. Such portion will be recovered as a deduction in the first taxable year after which this deduction is no longer applicable.
		For rate-making and accounting purposes, the State <span class="dictionary">Corporation</span> Commission shall not require a pipeline distribution company or gas utility to amortize these deferred taxes over a period other than the thirty-year period prescribed herein, nor shall the State <span class="dictionary">Corporation</span> Commission require the treatment of accelerated depreciation different from that allowed for federal income taxes.</p></section></text><history>1999, c. 971; 2000, cc. 691, 706.</history><metadata></metadata></law>
