Virginia Enacts New Tax Amnesty Program

Virginia has enacted legislation that authorizes a tax amnesty program to take place during the period July 1, 2017 through June 30, 2018 and lasting 60-75 days. The exact dates of the program are to be determined. Under the amnesty program, civil or criminal penalties and 50% of the interest assessed or assessable which are the result of nonpayment, underpayment, nonreporting, or underreporting of tax liabilities will be waived upon receipt of the payment of tax and interest owed. The program is applicable to any tax administered or collected by the Virginia Department of Taxation. Certain restrictions apply on who will be able to participate in the tax amnesty program. (Ch. 54 (H.B. 2246), Laws 2017, effective July 1, 2017)

UPDATE: Virginia has announced the dates for this amnesty program. The amnesty program will take place from September 13 through November 14, 2017. Virginia Tax sent letters to the last known address of eligible taxpayers detailing which bills and delinquent tax returns qualify for amnesty. If individuals did not receive a letter but know they have unpaid bills or delinquent tax returns, they may still qualify for the amnesty program. To take advantage of the program, taxpayers must pay 100% of the amnesty amount due for each delinquent tax period and file any required returns during the amnesty dates. In order to qualify, tax bills must be related to an amnesty eligible period and have an assessment date on or before June 15, 2017, while returns must be applicable to an eligible period. The periods eligible for amnesty vary by tax type and can be viewed here. For registered taxpayers, all periods open under the statute of limitations are included. For unregistered participants, there is no limit to the look back period. All taxes since nexus was created should be remitted. For any tax liability that was eligible for amnesty benefits but remains unpaid (including audit assessments covering amnesty periods), a 20% penalty will apply. This penalty is in addition to all other penalties. For more information, visit the Virginia Tax webpage.

Posted on March 6, 2017