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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83702</law_id><section_number>58.1-455</section_number><catch_line>Time of payment of corporation income taxes; penalty and interest for nonpayment</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-453</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 id="A"><p><span class="prefix-number">A.</span> Every <span class="dictionary">corporation</span> liable for income tax shall pay the same to the <span class="dictionary">Department</span> 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">corporation</span> may file its return and pay its tax in full in the closing days of its taxable year provided it 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; <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 <span class="dictionary">Department</span>, 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; <a class="law" title="Rate of interest" href="/58.1-15/">58.1-15</a>, from the time the return was required by <span class="dictionary">law</span> to be filed until paid.
			The <span class="dictionary">penalty</span> under this subsection shall not be applicable to any month or fraction thereof for which the <span class="dictionary">corporation</span> is subject to the <span class="dictionary">penalty</span> imposed under &#xA7; <a class="law" title="Failure of corporation to make report or return" href="/58.1-450/">58.1-450</a>. In no event shall the total amount of <span class="dictionary">penalty</span> assessed under this subsection and under &#xA7; <a class="law" title="Failure of corporation to make report or return" href="/58.1-450/">58.1-450</a> exceed thirty percent in the aggregate. <a id="paragraph-300051" class="section-permalink" href="https://vacode.org/58.1-455/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the understatement is false or fraudulent with <span class="dictionary">intent</span> to evade the tax, a <span class="dictionary">penalty</span> of 100 percent shall be added together with interest on the tax at a rate determined in accordance with &#xA7; <a class="law" title="Rate of interest" href="/58.1-15/">58.1-15</a>, from the time the return was required by <span class="dictionary">law</span> to be filed until paid.
			Nothing contained in this section shall prevent the <span class="dictionary">taxpayer</span> from applying to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or the city wherein the <span class="dictionary">corporation</span> is located for a correction of the assessment made by the <span class="dictionary">Department</span>, with right of <span class="dictionary">appeal</span> in the manner provided by <span class="dictionary">law</span>. <a id="paragraph-300052" class="section-permalink" href="https://vacode.org/58.1-455/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 58-151.093; 1971, Ex. Sess., c. 171; 1977, c. 396; 1984, c. 675; 1989, cc. 629, 642; 1991, cc. 316, 331.</history><metadata></metadata></law>
