Tax Type
Corporation Income Tax
Description
Refund statute of limitations
Topic
Payment and Refund
Statute of Limitations
Date Issued
03-31-1986
March 31, 1986
Re: Section 58.1-1821 Application: Corporation Income Tax
Dear ***********************
This will reply to your letter of December 11, 1985 requesting refunds of Virginia corporation income tax for calendar years 1973 through 1984.
Facts
Taxpayer filed Virginia corporation income tax returns for calendar years 1973 through 1984. Calendar years 1973 through 1976 and 1982 through 1984 were loss years. The New York State Department of Taxation and Finance assessed corporation income tax for calendar years 1973 through 1984. Taxpayer is seeking a refund from Virginia for calendar years 1977 through 1981 due to adjustments to allocation and apportionment factors because of the New York assessments.
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. Accordingly, refunds for calendar years 1977 through 1981 have been barred by the statute of limitations.
Based on the foregoing, I find no basis to issue a refund for calendar years 1977 through 1981.
Sincerely,
W. H. Forst
Tax Commissioner
Rulings of the Tax Commissioner