Tax Type
Corporation Income Tax
Description
Refund statute of limitations
Topic
Allocation and Apportionment
Payment and Refund
Statute of Limitations
Date Issued
05-03-1985
May 3, 1985
RE: Section 58.1-1821 Application: Corporation Income Tax
Dear ****
This will reply to your letter of March 15, 1985, requesting a waiver of the statute of limitations.
Facts
You indicate that ***** ("Taxpayer") was incorporated in Virginia in 1971 and has timely filed and paid any applicable tax since then. In 1980, Taxpayer purchased real estate in Tennessee and commenced filing and paying applicable tax to Tennessee. Taxpayer evidently paid corporate income tax to Virginia on all sales and now Tennessee asserts that it should have been paid tax on sales in Tennessee. You request waiver of the three-year statute of limitations so that Taxpayer can file for a refund of taxes paid for the years Tennessee now claims are due it.
Determination
Section 58.1-1823 of the Code of Virginia permits an amended return for a refund to be filed within three years from the last day prescribed by law for the timely filing of the return. The Tax Commissioner has no authority to waive such statute of limitations subsequent to expiration.
For information on apportionment of income for a corporation subject to taxation in Virginia and at least one other state, I have enclosed Sections 630-3-408 through 630-3-421 of the Virginia Corporation Income Tax Regulations.
Sincerely,
W. H. Forst
Tax Commissioner
RE: Section 58.1-1821 Application: Corporation Income Tax
Dear ****
This will reply to your letter of March 15, 1985, requesting a waiver of the statute of limitations.
Facts
You indicate that ***** ("Taxpayer") was incorporated in Virginia in 1971 and has timely filed and paid any applicable tax since then. In 1980, Taxpayer purchased real estate in Tennessee and commenced filing and paying applicable tax to Tennessee. Taxpayer evidently paid corporate income tax to Virginia on all sales and now Tennessee asserts that it should have been paid tax on sales in Tennessee. You request waiver of the three-year statute of limitations so that Taxpayer can file for a refund of taxes paid for the years Tennessee now claims are due it.
Determination
Section 58.1-1823 of the Code of Virginia permits an amended return for a refund to be filed within three years from the last day prescribed by law for the timely filing of the return. The Tax Commissioner has no authority to waive such statute of limitations subsequent to expiration.
For information on apportionment of income for a corporation subject to taxation in Virginia and at least one other state, I have enclosed Sections 630-3-408 through 630-3-421 of the Virginia Corporation Income Tax Regulations.
Sincerely,
W. H. Forst
Tax Commissioner
Rulings of the Tax Commissioner