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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73547</law_id><section_number>58.1-446</section_number><catch_line>Price manipulation; intercorporate transactions; parent corporations and subsidiaries</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-402</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="14">Accounting, Returns, Procedures for Corporations</unit></structure><text>
						<section><p>When any <span class="dictionary">corporation</span> liable to taxation under this chapter by agreement or otherwise conducts the business of such <span class="dictionary">corporation</span> in such manner as either directly or indirectly to benefit the members or stockholders of the <span class="dictionary">corporation</span>, or any of them, or any person or persons directly or indirectly interested in such business, by either buying or selling its products or the goods or commodities in which it deals at more or less than a fair price which might be obtained therefor, or when such a <span class="dictionary">corporation</span> sells its products, goods or commodities to another <span class="dictionary">corporation</span> or acquires and disposes of the products, goods or commodities of another <span class="dictionary">corporation</span> in such manner as to create a loss or improper taxable income, and such other <span class="dictionary">corporation</span> by stock ownership, agreement or otherwise controls or is controlled by the <span class="dictionary">corporation</span> liable to taxation under this chapter, the <span class="dictionary">Department</span> may require such <span class="dictionary">facts</span> as it deems necessary for the proper computation provided by this chapter and may for the purpose determine the amount which shall be deemed to be the Virginia taxable income of the business of such <span class="dictionary">corporation</span> for the taxable year. In determining such income, the <span class="dictionary">Department</span> shall have regard to the fair profits which, but for any agreement, arrangement or understanding, might be, or could have been, obtained from dealing in such products, goods or commodities.
		Any <span class="dictionary">corporation</span> liable to taxation under this chapter and either owned or controlled by or owning or controlling, either directly or indirectly, another <span class="dictionary">corporation</span> may be required by the <span class="dictionary">Department</span> to make a report consolidated with such other <span class="dictionary">corporation</span> showing the combined gross and net income and such other information as the <span class="dictionary">Department</span> may require, but excluding intercorporate stockholdings and the intercorporate accounts. In case it appears to the <span class="dictionary">Department</span> that any arrangements exist in such a manner as improperly to reflect the business done or the Virginia taxable income earned from business done in this Commonwealth, the <span class="dictionary">Department</span> may, in such manner as it may determine, equitably adjust the tax. In all cases mentioned in this paragraph, such other <span class="dictionary">corporations</span> not otherwise liable to taxation under this chapter shall, for the purposes of this chapter, be deemed to be doing business in Virginia through the agency of the <span class="dictionary">corporation</span> liable to taxation under this chapter.</p></section></text><history>Code 1950, &#xA7; 58-151.083; 1971, Ex. Sess., c. 171; 1984, c. 675.</history><metadata></metadata></law>
