Document Number
93-102
Tax Type
Corporation Income Tax
Description
Consolidated return; New affiliates
Topic
Returns/Payments/Records
Date Issued
04-14-1993

April 14, 1993


Re: Ruling Request: Permission to File Consolidated Return


Dear*************

This will reply to your letter dated February 16, 1993, requesting********** (the "Taxpayer") to be part of a 1992 consolidated Virginia return.

FACTS


The Taxpayer, a corporation formed in 1992, has a sales office in Virginia. The Taxpayer is part of an affiliated group which files both a consolidated Virginia and federal return.

DETERMINATION


Virginia Code §58.1-442 allows corporations to elect to file returns on the basis of one of three (3) filing statuses (separate, combined, or consolidated) regardless of how the corporations filed their federal income tax return. Once an affiliated group has made an election, the group may not change its filing status unless permission is granted by the Department of Taxation.

Virginia Regulation 630-3-442 (copy enclosed) provides that once an affiliated group has elected its Virginia filing status, subsequent members of the group, becoming subject to Virginia tax, must conform to this election. As such, it is not necessary for the Taxpayer to request permission to join in the consolidated Virginia return. Rather, the Taxpayer required to join in the consolidated return by virtue of Virginia law.

Sincerely,



W. H. Forst
Tax Commissioner

OTP/6833L

Rulings of the Tax Commissioner

Last Updated 08/25/2014 16:46