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Accelerated Sales and Use Tax

General Information

Legislation passed by the General Assembly requires Retail Sales and Use Tax dealers who generated taxable sales and purchases of $26 million or more for the twelve-month period ending June 30, 2012 to make an accelerated payment.  The payment must be made on or before June 25, 2013 for dealers paying by check, or July 1, 2013 for dealers making electronic payments.  Affected dealers will be entitled to credit this amount against the amount due with their June return (due July 22, 2013).

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Frequently Asked Questions

How will I know if I have to make an accelerated payment?

The Virginia Department of Taxation will send notices to affected taxpayers.  If you reported total taxable sales and purchases of $26 million or more for the twelve-month period ending June 30, 2012 and you do not receive a notice, you should contact us at (804) 367-8037 or via Live Chat

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My business has multiple locations, and each store files a separate return. The total sales generated for all locations were more than $26 million for the 12 months ended June 30, 2012, but no single location reported that much. Do I still have to make accelerated payments?

Yes. You will be required to make an accelerated payment for each location. We will issue separate notices for each of your accounts.

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What periods will be accelerated?

The accelerated payment requirement applies only to the month of June.

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Do accelerated payment requirements only apply to 2013?

The law currently requires dealers who meet the accelerated payment requirement to make accelerated payments in June, 2013.  This requirement may be phased out in subsequent years.

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When is the payment due?

The June 2013 accelerated payment will be due on June 25, 2013 for dealers paying by mail and July 1, 2013 for dealers who pay electronically.  EFT Credit payments need to be made by 3 p.m. on June 28, 2013.  For information on electronic payments, see the department's Online Services for Businesses page

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Where do I send my payment?

Virginia Department of Taxation
Post Office Box 26626
Richmond, Virginia 23260-6626

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What is the accelerated payment amount?

The amount due will be 90 percent of your tax liability (as reported or as assessed), less the applicable dealer's discount, for June 2012.  

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Will there be special forms for accelerated payment?

Yes. We will mail payment vouchers to affected dealers. The department will provide a reconciliation worksheet with instructions to help you determine the tax due with your return.

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I received more than one voucher for accelerated sales tax payment. Is this correct?

Yes. We will mail separate vouchers for each account that you have.  However, the accelerated sales tax payments will not apply and you will not receive a voucher for accounts with a de minimis tax liability.  For recordkeeping purposes, you should separately reconcile each payment using the applicable reconciliation worksheet.  If you believe you have received a duplicate voucher in error, please contact us at (804) 367-8037 or via Live Chat.

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I usually use iFile for reporting sales tax. Will I be able to use iFile for my accelerated payment, or will I have to use paper forms?

You will be able to make your accelerated payment and file your June 2013 return electronically.

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I am a monthly filer of the Retail Sales and Use Tax and required to submit the return and payment electronically.  Am I required to remit the accelerated sales tax payment electronically as well?

Yes.  Beginning with the July 2012 return, monthly filers of the Retail Sales and Use Tax must submit the return and payment electronically, unless a hardship waiver has been granted by the Tax Commissioner.  Such dealers are also required to remit the accelerated sales tax payment electronically.

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Do I still have to file a June 2013 return?

Yes. You will need to file your regular Retail Sales and Use Tax return showing your actual tax liability for June 2013 and remit the difference between your actual tax liability and your accelerated sales tax payment on or before July 22, 2013.

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If my June 2013 sales are lower than my June 2012 sales, can I make a lower accelerated payment?

Your payment voucher will be preprinted with the amount due. If the accelerated payment creates an overpayment for June 2013, you will be able to claim a credit on your July return.

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I can't afford to make the accelerated payment. Who do I contact?

If the accelerated payment would cause an undue hardship, you may request in writing a waiver or partial waiver of the payment from the Tax Commissioner.  You must clearly demonstrate the nature of the hardship with documentation and financial records.  Examples of undue hardship include a substantial decline in sales since the previous June, or an out-of-state dealer that is no longer making sales in Virginia.

In general, if you can show an undue hardship, you will be allowed to make an accelerated sales tax payment equal to 90 percent of the your average monthly Retail Sales and Use Tax liability for the first quarter of the calendar year 2013.  The Tax Commissioner will only waive the requirement for payment of the accelerated sales tax payment in extraordinary circumstances.

Applications for hardship waivers should be mailed to:

Tax Commissioner
Virginia Department of Taxation
Post Office Box 5771
Richmond, Virginia 23220-0771

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Are there any penalties for failing to make an accelerated payment?

If you are required to make an accelerated payment and the payment is not made on time, a penalty of 6 percent of the tax due will be assessed.  Interest will also be accrued on late payments.  These charges are in addition to the normal penalties and interest that apply for late filing or late payment.

Example 1: Dealer A is required to make an accelerated payment of $10,000, but does not make the payment until July 10, 2013. The dealer will receive a one-time penalty assessment for $600 ($10,000 x 6%), plus applicable interest.

Example 2: Dealer A makes an accelerated payment of $10,000 on July 10, 2013, and receives a penalty assessment of $600. Dealer A then files a June 2013 reconciliation return, which shows additional tax due of $2,000, on July 31, 2013. Since the June reconciliation return was due to be filed by July 20, the dealer will receive a second assessment for the normal late filing penalty of $120 ($2,000 x 6%), plus applicable interest.

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What if the accelerated payment amount is underpaid? Will the penalty apply to just the underpayment, or to the entire accelerated amount due?

The penalty will apply only to the actual underpayment. For example, if the required accelerated payment amount is $10,000 and the dealer pays only $8,000 by the due date, the penalty will apply to the underpayment of $2,000.

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What if I have additional questions?

If you have additional questions, please contact us at (804) 367-8037 or via Live Chat.

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Last Updated 5/7/2013 7:59

 

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