<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69818</law_id><section_number>60.2-536.2</section_number><catch_line>Advisory opinion by the Commission</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="4">Computation of Tax Rate</unit></structure><text>
						<section><p>Upon application by an employer who is a <span class="dictionary">party</span> to a transfer or potential transfer of any trade or business, the Commission shall <span class="dictionary">issue</span> an advisory <span class="dictionary">opinion</span> as to whether such transfer constitutes a transfer pursuant to &#xA7;&#xA0;<a class="law" title="Transfers for the purpose of obtaining a lower unemployment compensation tax rate; assignment of rates" href="/60.2-536.1/">60.2-536.1</a>, or is solely or primarily for the purpose of obtaining a lower unemployment tax rate. The application shall be under <span class="dictionary">oath</span> or affirmation, in a form prescribed by the Commission, and shall fully set forth all relevant <span class="dictionary">facts</span> regarding the proposed transfer. The Commission may require such additional information and documentary <span class="dictionary">evidence</span> as deemed necessary for a fair and informed <span class="dictionary">opinion</span>. Such <span class="dictionary">opinion</span> shall be issued within 60 days after the Commission has received all of the information and <span class="dictionary">evidence</span> requested. An employer who proceeds with the transfer of a trade or business in reliance upon a favorable advisory <span class="dictionary">opinion</span> issued under this section shall not subsequently be found to have violated the provisions of &#xA7;&#xA0;<a class="law" title="Transfers for the sole or primary purpose of obtaining a lower unemployment tax rate; penalty" href="/18.2-204.3/">18.2-204.3</a>, and shall not be subject to the penalties of &#xA7;&#xA0;<a class="law" title="Violations; penalties" href="/60.2-536.3/">60.2-536.3</a>, provided such employer has made full disclosure of all relevant <span class="dictionary">facts</span> to the Commission. If an employer disagrees with the Commission&#x2019;s advisory <span class="dictionary">opinion</span>, it shall have the right to a <span class="dictionary">hearing</span> and decision pursuant to &#xA7;&#xA0;<a class="law" title="Determination with respect to whether employing unit is employer; whether services constitute employment; or whether business transfer is illegal" href="/60.2-500/">60.2-500</a>, provided that an application for a <span class="dictionary">hearing</span> is filed with the Commission within 30 days from the date the advisory <span class="dictionary">opinion</span> was mailed.</p></section></text><history>2005, cc. 47, 91.</history><metadata></metadata></law>
