                                 CODE OF VIRGINIA

RETURN FILING FREQUENCY; WAIVER OF PENALTIES (§ 58.1-112)

A. In the case of any return or payment for a tax administered by the Department
that is required to be filed or paid more often than annually, the Tax
Commissioner shall have the authority to set thresholds or other conditions in
which such returns or payments for all or any class of taxpayers may be filed or
paid less frequently, but at least annually.

B. The Tax Commissioner shall have the authority to waive penalties and grant
extensions of time to file a return or pay a tax, or both, to any class of
taxpayers when the Tax Commissioner in his discretion finds that the normal due
date has caused, or would cause, undue hardship to the class of taxpayers
because of a natural disaster or other reason.

C. The Tax Commissioner shall have the authority to waive interest for any class
of taxpayers when the Tax Commissioner in his discretion finds that imposing
interest has caused, or would cause, undue hardship to the class of taxpayers
because of a natural disaster or other reason. The Tax Commissioner may grant a
waiver of interest only to the extent that the Governor declares a state of
emergency to exist in the Commonwealth pursuant to subdivision (7) of &#xA7;
44-146.17 with respect to such natural disaster or other reason.

D. Any action of the Department under this section shall be exempt from the
Administrative Process Act and the Virginia Register Act, but the Department
shall preserve the reason for its action among its records. The Department shall
promulgate its action in a manner that is reasonably calculated to inform the
affected class of the action.

HISTORY: 1996, cc. 640, 655; 2021, Sp. Sess. I, c. 536.