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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67705</law_id><section_number>60.2-521</section_number><catch_line>Collection by civil action; persons subject to civil actions; other remedies; compromise and adjustment</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="60.2">Unemployment Compensation</unit><unit label="chapter" level="2" order_by="1" identifier="5">Taxation</unit><unit label="article" level="3" order_by="1" identifier="3">Collection of Taxes</unit></structure><text>
						<section><p>If, after notice, any employer <span class="dictionary">defaults</span> in any payment of taxes or payment in lieu of taxes or interest or any <span class="dictionary">penalty</span> assessed pursuant to subsection C of &#xA7;&#xA0;<a class="law" title="Financing of benefits to employees of nonprofit organizations" href="/60.2-501/">60.2-501</a> and &#xA7;&#xA0;<a class="law" title="Failure of employing unit to file reports; assessment and amount of penalty" href="/60.2-513/">60.2-513</a>, the amount due shall be collected by <span class="dictionary">civil action</span> in the name of the Commission. The employer adjudged in <span class="dictionary">default</span> shall pay the fees and costs of such action. <span class="dictionary">Civil actions</span> brought under this article to collect taxes or interest or any <span class="dictionary">penalty</span> from an employer shall be heard by the <span class="dictionary">court</span> at the earliest possible date. Such <span class="dictionary">civil actions</span> may be brought against any officer, employee, or agent of a corporation or partnership in his individual, personal capacity when that person willfully fails to cause the employer to pay the appropriate taxes and he had the authority to do so. No person shall be subject to this section unless it is proved (i) that such person had knowledge of the failure or attempt to make such payment and (ii) that such person had authority to prevent such failure or attempt. In addition to the foregoing remedies the Commission shall have such other remedies as are available to the State Tax Commissioner and county and city treasurers for the collection of taxes generally. The Commission is authorized to compromise, settle and adjust any tax or taxes, including interest, or any <span class="dictionary">penalty</span> assessed against any employer where in the <span class="dictionary">judgment</span> of the Commission the best interests of the Commonwealth will be promoted or served. The Commission may in such cases accept in full <span class="dictionary">settlement</span> of the tax assessed an amount less than that assessed.</p></section></text><history>Code 1950, &#xA7; 60-78; 1968, c. 738, &#xA7; 60.1-94; 1974, c. 466; 1977, c. 445; 1979, c. 634; 1986, c. 480; 1990, c. 687.</history><metadata></metadata></law>
