                                 CODE OF VIRGINIA

VIRGINIA TAXABLE INCOME (§ 58.1-402)

A. For purposes of this article, Virginia taxable income for a taxable year
means the federal taxable income and any other income taxable to the corporation
under federal law for such year of a corporation adjusted as provided in
subsections B, C, D, E, G, H, and I.
			For a regulated investment company and a real estate investment trust, such
term means the &#8220;investment company taxable income&#8221; and &#8220;real
estate investment trust taxable income,&#8221; respectively, to which shall be
added in each case any amount of capital gains and any other income taxable to
the corporation under federal law which shall be further adjusted as provided in
subsections B, C, D, E, G, H, and I.

B. There shall be added to the extent excluded from federal taxable income:

   1. Interest, less related expenses to the extent not deducted in determining
   federal taxable income, on obligations of any state other than Virginia, or of
   a political subdivision of any such other state unless created by compact or
   agreement to which the Commonwealth is a party;

   2. Interest or dividends, less related expenses to the extent not deducted in
   determining federal taxable income, on obligations or securities of any
   authority, commission or instrumentality of the United States, which the laws
   of the United States exempt from federal income tax but not from state income
   taxes;

   3. [Repealed.]

   4. The amount of any net income taxes and other taxes, including franchise and
   excise taxes, which are based on, measured by, or computed with reference to
   net income, imposed by the Commonwealth or any other taxing jurisdiction, to
   the extent deducted in determining federal taxable income;

   5. Unrelated business taxable income as defined by &#xA7; 512 of the Internal
   Revenue Code;

   6. [Repealed.]

   7. The amount required to be included in income for the purpose of computing
   the partial tax on an accumulation distribution pursuant to &#xA7; 667 of the
   Internal Revenue Code;

   8. a. For taxable years beginning on and after January 1, 2004, the amount of
   any intangible expenses and costs directly or indirectly paid, accrued, or
   incurred to, or in connection directly or indirectly with one or more direct
   or indirect transactions with one or more related members to the extent such
   expenses and costs were deductible or deducted in computing federal taxable
   income for Virginia purposes. This addition shall not be required for any
   portion of the intangible expenses and costs if one of the following applies:

      1. The corresponding item of income received by the related member is
      subject to a tax based on or measured by net income or capital imposed by
      Virginia, another state, or a foreign government that has entered into a
      comprehensive tax treaty with the United States government;

      2. The related member derives at least one-third of its gross revenues from
      the licensing of intangible property to parties who are not related members,
      and the transaction giving rise to the expenses and costs between the
      corporation and the related member was made at rates and terms comparable to
      the rates and terms of agreements that the related member has entered into
      with parties who are not related members for the licensing of intangible
      property; or

      3. The corporation can establish to the satisfaction of the Tax Commissioner
      that the intangible expenses and costs meet both of the following: (i) the
      related member during the same taxable year directly or indirectly paid,
      accrued or incurred such portion to a person who is not a related member,
      and (ii) the transaction giving rise to the intangible expenses and costs
      between the corporation and the related member did not have as a principal
      purpose the avoidance of any portion of the tax due under this chapter.
      					b. A corporation required to add to its federal taxable income
      intangible expenses and costs pursuant to subdivision a may petition the Tax
      Commissioner, after filing the related income tax return for the taxable
      year and remitting to the Tax Commissioner all taxes, penalties, and
      interest due under this article for such taxable year including tax upon any
      amount of intangible expenses and costs required to be added to federal
      taxable income pursuant to subdivision a, to consider evidence relating to
      the transaction or transactions between the corporation and a related member
      or members that resulted in the corporation&#8217;s taxable income being
      increased, as required under subdivision a, for such intangible expenses and
      costs.
      					If the corporation can demonstrate to the Tax Commissioner&#8217;s sole
      satisfaction, by clear and convincing evidence, that the transaction or
      transactions between the corporation and a related member or members
      resulting in such increase in taxable income pursuant to subdivision a had a
      valid business purpose other than the avoidance or reduction of the tax due
      under this chapter, the Tax Commissioner shall permit the corporation to
      file an amended return. For purposes of such amended return, the
      requirements of subdivision a shall not apply to any transaction for which
      the Tax Commissioner is satisfied (and has identified) that the transaction
      had a valid business purpose other than the avoidance or reduction of the
      tax due under this chapter. Such amended return shall be filed by the
      corporation within one year of the written permission granted by the Tax
      Commissioner and any refund of the tax imposed under this article shall
      include interest at a rate equal to the rate of interest established under
      &#xA7; 58.1-15 and such interest shall accrue as provided under &#xA7;
      58.1-1833. However, upon the filing of such amended return, any related
      member of the corporation that subtracted from taxable income amounts
      received pursuant to subdivision C 21 shall be subject to the tax imposed
      under this article on that portion of such amounts for which the corporation
      has filed an amended return pursuant to this subdivision. In addition, for
      such transactions identified by the Tax Commissioner herein by which he has
      been satisfied by clear and convincing evidence, the Tax Commissioner may
      permit the corporation in filing income tax returns for subsequent taxable
      years to deduct the related intangible expenses and costs without making the
      adjustment under subdivision a.
      					The Tax Commissioner may charge a fee for all direct and indirect costs
      relating to the review of any petition pursuant to this subdivision, to
      include costs necessary to secure outside experts in evaluating the
      petition. The Tax Commissioner may condition the review of any petition
      pursuant to this subdivision upon payment of such fee.
      					No suit for the purpose of contesting any action of the Tax
      Commissioner under this subdivision shall be maintained in any court of this
      Commonwealth.
      					c. Nothing in subdivision B 8 shall be construed to limit or negate the
      Department&#8217;s authority under &#xA7; 58.1-446;

   9. a. For taxable years beginning on and after January 1, 2004, the amount of
   any interest expenses and costs directly or indirectly paid, accrued, or
   incurred to, or in connection directly or indirectly with one or more direct
   or indirect transactions with one or more related members to the extent such
   expenses and costs were deductible or deducted in computing federal taxable
   income for Virginia purposes. This addition shall not be required for any
   portion of the interest expenses and costs, if:

      1. The related member has substantial business operations relating to
      interest-generating activities, in which the related member pays expenses
      for at least five full-time employees who maintain, manage, defend or are
      otherwise responsible for operations or administration relating to the
      interest-generating activities; and

      2. The interest expenses and costs are not directly or indirectly for,
      related to or in connection with the direct or indirect acquisition,
      maintenance, management, sale, exchange, or disposition of intangible
      property; and

      3. The transaction giving rise to the expenses and costs between the
      corporation and the related member has a valid business purpose other than
      the avoidance or reduction of taxation and payments between the parties are
      made at arm&#8217;s length rates and terms; and

      4. One of the following applies:

         i. The corresponding item of income received by the related member is
         subject to a tax based on or measured by net income or capital imposed by
         Virginia, another state, or a foreign government that has entered into a
         comprehensive tax treaty with the United States government;

            ii. Payments arise pursuant to a pre-existing contract entered into when
            the parties were not related members provided the payments continue to
            be made at arm&#8217;s length rates and terms;

            iii. The related member engages in transactions with parties other than
            related members that generate revenue in excess of $2 million annually;
            or

            iv. The transaction giving rise to the interest payments between the
            corporation and a related member was done at arm&#8217;s length rates
            and terms and meets any of the following: (a) the related member uses
            funds that are borrowed from a party other than a related member or that
            are paid, incurred or passed-through to a person who is not a related
            member; (b) the debt is part of a regular and systematic funds
            management or portfolio investment activity conducted by the related
            member, whereby the funds of two or more related members are aggregated
            for the purpose of achieving economies of scale, the internal financing
            of the active business operations of members, or the benefit of
            centralized management of funds; (c) financing the expansion of the
            business operations; or (d) restructuring the debt of related members,
            or the pass-through of acquisition-related indebtedness to related
            members.
            							b. A corporation required to add to its federal taxable income
            interest expenses and costs pursuant to subdivision a may petition the
            Tax Commissioner, after filing the related income tax return for the
            taxable year and remitting to the Tax Commissioner all taxes, penalties,
            and interest due under this article for such taxable year including tax
            upon any amount of interest expenses and costs required to be added to
            federal taxable income pursuant to subdivision a, to consider evidence
            relating to the transaction or transactions between the corporation and
            a related member or members that resulted in the corporation&#8217;s
            taxable income being increased, as required under subdivision a, for
            such interest expenses and costs.
            							If the corporation can demonstrate to the Tax
            Commissioner&#8217;s sole satisfaction, by clear and convincing
            evidence, that the transaction or transactions between the corporation
            and a related member or members resulting in such increase in taxable
            income pursuant to subdivision a had a valid business purpose other than
            the avoidance or reduction of the tax due under this chapter and that
            the related payments between the parties were made at arm&#8217;s length
            rates and terms, the Tax Commissioner shall permit the corporation to
            file an amended return. For purposes of such amended return, the
            requirements of subdivision a shall not apply to any transaction for
            which the Tax Commissioner is satisfied (and has identified) that the
            transaction had a valid business purpose other than the avoidance or
            reduction of the tax due under this chapter and that the related
            payments between the parties were made at arm&#8217;s length rates and
            terms. Such amended return shall be filed by the corporation within one
            year of the written permission granted by the Tax Commissioner and any
            refund of the tax imposed under this article shall include interest at a
            rate equal to the rate of interest established under &#xA7; 58.1-15 and
            such interest shall accrue as provided under &#xA7; 58.1-1833. However,
            upon the filing of such amended return, any related member of the
            corporation that subtracted from taxable income amounts received
            pursuant to subdivision C 21 shall be subject to the tax imposed under
            this article on that portion of such amounts for which the corporation
            has filed an amended return pursuant to this subdivision. In addition,
            for such transactions identified by the Tax Commissioner herein by which
            he has been satisfied by clear and convincing evidence, the Tax
            Commissioner may permit the corporation in filing income tax returns for
            subsequent taxable years to deduct the related interest expenses and
            costs without making the adjustment under subdivision a.
            							The Tax Commissioner may charge a fee for all direct and indirect
            costs relating to the review of any petition pursuant to this
            subdivision, to include costs necessary to secure outside experts in
            evaluating the petition. The Tax Commissioner may condition the review
            of any petition pursuant to this subdivision upon payment of such fee.
            							No suit for the purpose of contesting any action of the Tax
            Commissioner under this subdivision shall be maintained in any court of
            this Commonwealth.
            							c. Nothing in subdivision B 9 shall be construed to limit or
            negate the Department&#8217;s authority under &#xA7; 58.1-446.
            							d. For purposes of subdivision B 9:
            							&#8220;Arm&#8217;s-length rates and terms&#8221; means that (i)
            two or more related members enter into a written agreement for the
            transaction, (ii) such agreement is of a duration and contains payment
            terms substantially similar to those that the related member would be
            able to obtain from an unrelated entity, (iii) the interest is at or
            below the applicable federal rate compounded annually for debt
            instruments under &#xA7; 1274(d) of the Internal Revenue Code that was
            in effect at the time of the agreement, and (iv) the borrower or payor
            adheres to the payment terms of the agreement governing the transaction
            or any amendments thereto.
            							&#8220;Valid business purpose&#8221; means one or more business
            purposes that alone or in combination constitute the motivation for some
            business activity or transaction, which activity or transaction
            improves, apart from tax effects, the economic position of the taxpayer,
            as further defined by regulation.

   10. a. For taxable years beginning on and after January 1, 2009, the amount of
   dividends deductible under §§ 561 and 857 of the Internal Revenue Code by a
   Captive Real Estate Investment Trust (REIT). For purposes of this subdivision,
   a REIT is a Captive REIT if:

      1. It is not regularly traded on an established securities market;

      2. More than 50 percent of the voting power or value of beneficial interests
      or shares of which, at any time during the last half of the taxable year, is
      owned or controlled, directly or indirectly, by a single entity that is (i)
      a corporation or an association taxable as a corporation under the Internal
      Revenue Code; and (ii) not exempt from federal income tax pursuant to &#xA7;
      501(a) of the Internal Revenue Code; and

      3. More than 25 percent of its income consists of rents from real property
      as defined in &#xA7; 856(d) of the Internal Revenue Code.
      					b. For purposes of applying the ownership test of subdivision 10 a (2),
      the following entities shall not be considered a corporation or an
      association taxable as a corporation:

      1. Any REIT that is not treated as a Captive REIT;

      2. Any REIT subsidiary under &#xA7; 856 of the Internal Revenue Code other
      than a qualified REIT subsidiary of a Captive REIT;

      3. Any Listed Australian Property Trust, or an entity organized as a trust,
      provided that a Listed Australian Property Trust owns or controls, directly
      or indirectly, 75 percent or more of the voting or value of the beneficial
      interests or shares of such trust; and

      4. Any Qualified Foreign Entity.
      					c. For purposes of subdivision B 10, the constructive ownership rules
      prescribed under &#xA7; 318(a) of the Internal Revenue Code, as modified by
      &#xA7; 856(d)(5) of the Internal Revenue Code, shall apply in determining
      the ownership of stock, assets, or net profits of any person.
      					d. For purposes of subdivision B 10:
      					&#8220;Listed Australian Property Trust&#8221; means an Australian unit
      trust registered as a Management Investment Scheme, pursuant to the
      Australian Corporations Act, in which the principal class of units is listed
      on a recognized stock exchange in Australia and is regularly traded on an
      established securities market.
      					&#8220;Qualified Foreign Entity&#8221; means a corporation, trust,
      association or partnership organized outside the laws of the United States
      and that satisfies all of the following criteria:

      1. At least 75 percent of the entity&#8217;s total asset value at the close
      of its taxable year is represented by real estate assets, as defined in
      &#xA7; 856(c)(5)(B) of the Internal Revenue Code, thereby including shares
      or certificates of beneficial interest in any REIT, cash and cash
      equivalents, and U.S. Government securities;

      2. The entity is not subject to a tax on amounts distributed to its
      beneficial owners, or is exempt from entity level tax;

      3. The entity distributes, on an annual basis, at least 85 percent of its
      taxable income, as computed in the jurisdiction in which it is organized, to
      the holders of its shares or certificates of beneficial interest;

      4. The shares or certificates of beneficial interest of such entity are
      regularly traded on an established securities market or, if not so traded,
      not more than 10 percent of the voting power or value in such entity is held
      directly, indirectly, or constructively by a single entity or individual;
      and

      5. The entity is organized in a country that has a tax treaty with the
      United States.
      					e. For taxable years beginning on or after January 1, 2016, for
      purposes of subdivision B 10, any voting power or value of the beneficial
      interests or shares in a REIT that is held in a segregated asset account of
      a life insurance corporation as described in &#xA7; 817 of the Internal
      Revenue Code shall not be taken into consideration when determining if such
      REIT is a Captive REIT.

   11. For taxable years beginning on or after January 1, 2016, to the extent
   that tax credit is allowed for the same donation pursuant to &#xA7;
   58.1-439.12:12, any amount claimed as a federal income tax deduction for such
   donation under &#xA7; 170 of the Internal Revenue Code, as amended or
   renumbered.

C. There shall be subtracted to the extent included in and not otherwise
subtracted from federal taxable income:

   1. Income derived from obligations, or on the sale or exchange of obligations,
   of the United States and on obligations or securities of any authority,
   commission or instrumentality of the United States to the extent exempt from
   state income taxes under the laws of the United States including, but not
   limited to, stocks, bonds, treasury bills, and treasury notes, but not
   including interest on refunds of federal taxes, interest on equipment purchase
   contracts, or interest on other normal business transactions.

   2. Income derived from obligations, or on the sale or exchange of obligations
   of this Commonwealth or of any political subdivision or instrumentality of
   this Commonwealth.

   3. Dividends upon stock in any domestic international sales corporation, as
   defined by &#xA7; 992 of the Internal Revenue Code, 50 percent or more of the
   income of which was assessable for the preceding year, or the last year in
   which such corporation has income, under the provisions of the income tax laws
   of the Commonwealth.

   4. The amount of any refund or credit for overpayment of income taxes imposed
   by this Commonwealth or any other taxing jurisdiction.

   5. Any amount included therein by the operation of the provisions of &#xA7; 78
   of the Internal Revenue Code (foreign dividend gross-up).

   6. The amount of wages or salaries eligible for the federal Targeted Jobs
   Credit which was not deducted for federal purposes on account of the
   provisions of &#xA7; 280C(a) of the Internal Revenue Code.

   7. Any amount included therein by the operation of &#xA7; 951 of the Internal
   Revenue Code (subpart F income) or, for taxable years beginning on and after
   January 1, 2018, &#xA7; 951A of the Internal Revenue Code (Global Intangible
   Low-Taxed Income).

   8. Any amount included therein which is foreign source income as defined in
   &#xA7; 58.1-302.

   9. [Repealed.]

   10. The amount of any dividends received from corporations in which the
   taxpaying corporation owns 50 percent or more of the voting stock.

   11. [Repealed.]
   				12, 13. [Expired.]

   14. For taxable years beginning on or after January 1, 1995, the amount for
   &#8220;qualified research expenses&#8221; or &#8220;basic research
   expenses&#8221; eligible for deduction for federal purposes, but which were
   not deducted, on account of the provisions of &#xA7; 280C(c) of the Internal
   Revenue Code.

   15. For taxable years beginning on or after January 1, 2000, the total amount
   actually contributed in funds to the Virginia Public School Construction
   Grants Program and Fund established in Chapter 11.1 (&#xA7; 22.1-175.1 et
   seq.) of Title 22.1.

   16. For taxable years beginning on or after January 1, 2000, but before
   January 1, 2015, the gain derived from the sale or exchange of real property
   or the sale or exchange of an easement to real property which results in the
   real property or the easement thereto being devoted to open-space use, as that
   term is defined in &#xA7; 58.1-3230, for a period of time not less than 30
   years. To the extent a subtraction is taken in accordance with this
   subdivision, no tax credit under this chapter for donating land for its
   preservation shall be allowed for three years following the year in which the
   subtraction is taken.

   17. For taxable years beginning on and after January 1, 2001, any amount
   included therein with respect to &#xA7; 58.1-440.1.

   18. For taxable years beginning on and after January 1, 1999, income received
   as a result of (i) the &#8220;Master Settlement Agreement,&#8221; as defined
   in &#xA7; 3.2-3100; and (ii) the National Tobacco Grower Settlement Trust
   dated July 19, 1999, by (a) tobacco farming businesses; (b) any business
   holding a tobacco marketing quota, or tobacco farm acreage allotment, under
   the Agricultural Adjustment Act of 1938; or (c) any business having the right
   to grow tobacco pursuant to such a quota allotment.
   				19, 20. [Repealed.]

   21. For taxable years beginning on and after January 1, 2004, any amount of
   intangible expenses and costs or interest expenses and costs added to the
   federal taxable income of a corporation pursuant to subdivision B 8 or B 9
   shall be subtracted from the federal taxable income of the related member that
   received such amount if such related member is subject to Virginia income tax
   on the same amount.

   22. For taxable years beginning on and after January 1, 2009, any gain
   recognized from the sale of launch services to space flight participants, as
   defined in 49 U.S.C. &#xA7; 70102, or launch services intended to provide
   individuals the training or experience of a launch, without performing an
   actual launch. To qualify for a deduction under this subdivision, launch
   services must be performed in Virginia or originate from an airport or
   spaceport in Virginia.

   23. For taxable years beginning on and after January 1, 2009, any gain
   recognized as a result of resupply services contracts for delivering payload,
   as defined in 49 U.S.C. &#xA7; 70102, entered into with the Commercial Orbital
   Transportation Services division of the National Aeronautics and Space
   Administration or other space flight entity, as defined in &#xA7; 8.01-227.8,
   and launched from an airport or spaceport in Virginia.

   24. For taxable years beginning on or after January 1, 2011, any income taxed
   as a long-term capital gain for federal income tax purposes, or any income
   taxed as investment services partnership interest income (otherwise known as
   investment partnership carried interest income) for federal income tax
   purposes. To qualify for a subtraction under this subdivision, such income
   must be attributable to an investment in a &#8220;qualified business,&#8221;
   as defined in &#xA7; 58.1-339.4, or in any other technology business approved
   by the Secretary of Administration, provided the business has its principal
   office or facility in the Commonwealth and less than $3 million in annual
   revenues in the fiscal year prior to the investment. To qualify for a
   subtraction under this subdivision, the investment must be made between the
   dates of April 1, 2010, and June 30, 2020. No taxpayer who has claimed a tax
   credit for an investment in a &#8220;qualified business&#8221; under &#xA7;
   58.1-339.4 shall be eligible for the subtraction under this subdivision for an
   investment in the same business.

   25. a. Income, including investment services partnership interest income
   (otherwise known as investment partnership carried interest income),
   attributable to an investment in a Virginia venture capital account. To
   qualify for a subtraction under this subdivision, the investment shall be made
   on or after January 1, 2018, but before December 31, 2023. No subtraction
   shall be allowed under this subdivision for an investment in a company that is
   owned or operated by an affiliate of the taxpayer. No subtraction shall be
   allowed under this subdivision for a taxpayer who has claimed a subtraction
   under subdivision C 24 for the same investment.
   				b. As used in this subdivision 25:
   				&#8220;Qualified portfolio company&#8221; means a company that (i) has its
   principal place of business in the Commonwealth; (ii) has a primary purpose of
   production, sale, research, or development of a product or service other than
   the management or investment of capital; and (iii) provides equity in the
   company to the Virginia venture capital account in exchange for a capital
   investment. &#8220;Qualified portfolio company&#8221; does not include a
   company that is an individual or sole proprietorship.
   				&#8220;Virginia venture capital account&#8221; means an investment fund
   that has been certified by the Department as a Virginia venture capital
   account. In order to be certified as a Virginia venture capital account, the
   operator of the investment fund shall register the investment fund with the
   Department prior to December 31, 2023, (i) indicating that it intends to
   invest at least 50 percent of the capital committed to its fund in qualified
   portfolio companies and (ii) providing documentation that it employs at least
   one investor who has at least four years of professional experience in venture
   capital investment or substantially equivalent experience.
   &#8220;Substantially equivalent experience&#8221; includes, but is not limited
   to, an undergraduate degree from an accredited college or university in
   economics, finance, or a similar field of study. The Department may require an
   investment fund to provide documentation of the investor&#8217;s training,
   education, or experience as deemed necessary by the Department to determine
   substantial equivalency. If the Department determines that the investment fund
   employs at least one investor with the experience set forth herein, the
   Department shall certify the investment fund as a Virginia venture capital
   account at such time as the investment fund actually invests at least 50
   percent of the capital committed to its fund in qualified portfolio companies.

   26. a. Income attributable to an investment in a Virginia real estate
   investment trust. To qualify for a subtraction under this subdivision, the
   investment shall be made on or after January 1, 2019, but before December 31,
   2024. No subtraction shall be allowed for an investment in a trust that is
   managed by an affiliate of the taxpayer. No subtraction shall be allowed under
   this subdivision for a taxpayer who has claimed a subtraction under
   subdivision C 24 or 25 for the same investment.
   				b. As used in this subdivision 26:
   				&#8220;Distressed&#8221; means satisfying the criteria applicable to a
   locality described in subdivision E 2 of &#xA7; 2.2-115.
   				&#8220;Double distressed&#8221; means satisfying the criteria applicable
   to a locality described in subdivision E 3 of &#xA7; 2.2-115.
   				&#8220;Virginia real estate investment trust&#8221; means a real estate
   investment trust, as defined in 26 U.S.C. &#xA7; 856, that has been certified
   by the Department as a Virginia real estate investment trust. In order to be
   certified as a Virginia real estate investment trust, the trustee shall
   register the trust with the Department prior to December 31, 2024, indicating
   that it intends to invest at least 90 percent of trust funds in Virginia and
   at least 40 percent of trust funds in real estate in localities that are
   distressed or double distressed. If the Department determines that the trust
   satisfies the preceding criteria, the Department shall certify the trust as a
   Virginia real estate investment trust at such time as the trust actually
   invests at least 90 percent of trust funds in Virginia and at least 40 percent
   of trust funds in real estate in localities that are distressed or double
   distressed.

   27. For taxable years beginning on and after January 1, 2019, any gain
   recognized from the taking of real property by condemnation proceedings.

   28. For taxable years beginning before January 1, 2021, up to $100,000 of all
   grant funds received by the taxpayer under the Rebuild Virginia program
   established by the Governor and administered by the Department of Small
   Business and Supplier Diversity.

D. For taxable years beginning on and after January 1, 2006, there shall be
subtracted from federal taxable income contract payments to a producer of quota
tobacco or a tobacco quota holder as provided under the American Jobs Creation
Act of 2004 (P.L. 108-357) as follows:

   1. If the payment is received in installment payments, then the recognized
   gain, including any gain recognized in taxable year 2005, may be subtracted in
   the taxable year immediately following the year in which the installment
   payment is received.

   2. If the payment is received in a single payment, then 10 percent of the
   recognized gain may be subtracted in the taxable year immediately following
   the year in which the single payment is received. The taxpayer may then deduct
   an equal amount in each of the nine succeeding taxable years.

E. Adjustments to federal taxable income shall be made to reflect the
transitional modifications provided in &#xA7; 58.1-315.

F. Notwithstanding any other provision of law, the income from any disposition
of real property which is held by the taxpayer for sale to customers in the
ordinary course of the taxpayer&#8217;s trade or business, as defined in &#xA7;
453(l)(1)(B) of the Internal Revenue Code, of property made on or after January
1, 2009, may, at the election of the taxpayer, be recognized under the
installment method described under &#xA7; 453 of the Internal Revenue Code,
provided that (i) the election relating to the dealer disposition of the
property has been made on or before the due date prescribed by law (including
extensions) for filing the taxpayer&#8217;s return of the tax imposed under this
chapter for the taxable year in which the disposition occurs, and (ii) the
dealer disposition is in accordance with restrictions or conditions established
by the Department, which shall be set forth in guidelines developed by the
Department. Along with such restrictions or conditions, the guidelines shall
also address the recapture of such income under certain circumstances. The
development of the guidelines shall be exempt from the Administrative Process
Act (&#xA7; 2.2-4000 et seq.).

G. There shall be deducted to the extent included in and not otherwise
subtracted from federal taxable income a percentage of the business interest
disallowed as a deduction pursuant to § 163(j) of the Internal Revenue Code in
the amount of:

   1. 20 percent for taxable years beginning on and after January 1, 2018, but
   before January 1, 2022;

   2. 30 percent for taxable years beginning on and after January 1, 2022, but
   before January 1, 2024; and

   3. 50 percent for taxable years beginning on and after January 1, 2024.
   				For purposes of subsection G, &#8220;business interest&#8221; means the
   same as that term is defined under &#xA7; 163(j) of the Internal Revenue Code.

H. For taxable years beginning before January 1, 2021, there shall be deducted
to the extent not otherwise subtracted from federal taxable income up to
$100,000 of the amount that is not deductible when computing federal taxable
income solely on account of the portion of subdivision B 10 of &#xA7; 58.1-301
related to Paycheck Protection Program loans.

I. For taxable years beginning on and after January 1, 2026, there shall be
deducted the amount paid or cost incurred for installing a qualifying upgrade
required to interconnect a triggering project. No deduction shall be allowed
under this section for a taxpayer who has claimed a deduction under subdivision
19 of &#xA7; 58.1-322.03 for the same amount paid or cost incurred to install
such qualifying upgrade.
			For purposes of this subsection, &#8220;qualifying upgrade&#8221; and
&#8220;triggering project&#8221; have the same meanings as provided for those
terms in &#xA7; 56-596.5.

HISTORY: Code 1950, §§ 58-151.013, 58-151.032; 1971, Ex. Sess., c. 171; 1972,
cc. 310, 827; 1973, cc. 198, 345, 458; 1974, cc. 320, 682; 1975, cc. 46, 50;
1976, cc. 528, 694, 781; 1977, cc. 297, 612; 1978, cc. 67, 158, 783, 785; 1979,
cc. 226, 371, 596; 1981, cc. 402, 414; 1982, c. 633; 1983, cc. 452, 472; 1984,
cc. 153, 162, 636, 672, 674, 675, 729; 1985, cc. 221, 465; 1987, c. 484; 1989,
cc. 39, 639; 1992, c. 678; 1994, c. 590; 1997, c. 106; 1998, c. 874; 1999, cc.
339, 971; 2000, cc. 419, 1021, 1039; 2003, cc. 3, 58, 209; 2004, Sp. Sess. I, c.
3; 2006, c. 214; 2008, cc. 149, 211; 2009, cc. 426, 508, 558; 2010, cc. 802,
830; 2011, c. 851; 2012, cc. 96, 256; 2015, cc. 248, 335, 336; 2016, cc. 304,
342, 391; 2017, c. 762; 2018, c. 821; 2019, cc. 17, 18, 270; 2020, c. 738; 2021,
Sp. Sess. I, cc. 117, 118, 552; 2022, cc. 3, 19, 648; 2022, Sp. Sess. I, c. 1;
2023, Sp. Sess. I, c. 1; 2025, cc. 615, 658.