Tax Type
Individual Income Tax
Description
Taxpayer had not filed an amended Virginia income tax return as requested
Topic
Federal Conformity
Records/Returns/Payments
Date Issued
07-24-2014
July 24, 2014
Re: § 58.1-1821 Application: Individual Income Tax
Dear *****:
This will reply to your letter in which you seek correction of the individual income tax assessment issued to ***** (the "Taxpayer") for the taxable year ended December 31, 2005.
FACTS
The Taxpayer was audited by the Internal Revenue Service (IRS) for the 2005 taxable year. The IRS notified the Department of adjustments it made to the Taxpayer's federal income tax return. A review of the Department's records showed that the Taxpayer had not filed a Virginia individual income tax return, and the Department requested that the Taxpayer file a return or provide information to verify that he was not subject to Virginia income tax.
In response, the Taxpayer filed a Virginia return, but it did not agree with the IRS information. The Department adjusted Virginia return and issued an assessment. The Taxpayer appeals the assessment, contending he has been working with the IRS to resolve issues with his federal income tax return.
DETERMINATION
Virginia Code § 58.1-311 requires any individual to report a change or correction in federal taxable income within one year of the final determination of such change or correction by filing an amended return with the Department. If the taxpayer fails to file an amended return, Va. Code § 58.1-312 A 3 permits the Department to assess the appropriate tax at any time.
The Taxpayer asserts that he has filed an amended federal return and is pursuing reconsideration of the audit. Where the IRS has audited the federal taxable income of a taxpayer, the Department does not look behind the IRS's final determination. See Public Document (P.D.) 11-107 (6/14/2011). The Department adjusted the Taxpayer's 2005 return based on federal information available from the IRS as permitted by Virginia statute. As such, the 2005 assessment remains due and payable.
The Taxpayer will receive an updated bill with accrued interest to date. The bill should be paid within 30 days of the bill date to avoid the accrual of additional interest. Further, if the IRS adjusts its audit findings for the 2005 taxable year, the Taxpayer will be permitted to file an amended return to correct his liability pursuant to Va. Code § 58.1-311 and Va. Code § 58.1-1823 A(ii).
The Code of Virginia sections and public document cited are available on-line at www.tax.virginia.gov in the Laws, Rules & Decisions section of the Department's web site. If you have any questions regarding this determination, you may contact ***** in the Office of Tax Policy, Appeals and Rulings, at *****.
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- Sincerely,
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Craig M. Burns
Tax Commissioner
AR/1-5617686086.M
Rulings of the Tax Commissioner