Tax Type
Corporation Income Tax
Description
Underpayment of Estimated Income Tax
Topic
Payment and Refund
Date Issued
11-16-1993
November 16, 1993
Re: §58.1-1821 Application: Corporate Income Tax
Dear*************
This will reply to your letter of July 15, 1993, in which you seek correction of an assessment of corporation income tax on behalf of *************** (the "Taxpayer") for the taxable year ended June 30, 1992.
FACTS
The Taxpayer was assessed a penalty for the underpayment of estimated income taxes for the taxable year ended June 30, 1992. You contest the penalty on the basis that the Taxpayer's estimated tax payment, which was applied from the previous year's overpayment, exceeded the preceding year's tax. Your position is that the Taxpayer qualifies for an exception from the underpayment.
DETERMINATION
Va. Code §58.1-504 D 1 provides that no penalty for underpayment shall be imposed where the total amount of all payments of estimated tax made on or before the last date prescribed for the payment of such installment equals or exceeds:
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- " The tax shown on the return of the corporation for the preceding taxable year, if a return showing a liability for tax was filed by the corporation for the preceding taxable year and such preceding year was a taxable year of twelve months."
- " The tax shown on the return of the corporation for the preceding taxable year, if a return showing a liability for tax was filed by the corporation for the preceding taxable year and such preceding year was a taxable year of twelve months."
The Taxpayer's total estimated tax payments for the taxable year ended June 30, 1992, exceeded the preceding year's net tax liability (gross tax net of credits allowed) but did not exceed the gross tax imposed by Va. Code §58.1-400. Accordingly, the Taxpayer did not meet the exception cited in your protest.
Va. Code §58.1-504 D 2 provides that no penalty for underpayment shall be imposed where the total amount of all payments of estimated tax made on or before the last date prescribed for the payment of such installment equals or exceeds:
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- " An amount equal to the tax computed at the rate applicable to the taxable year but otherwise on the basis of the facts shown on the return for the corporation for, and the law applicable to, the preceding taxable year."
- " An amount equal to the tax computed at the rate applicable to the taxable year but otherwise on the basis of the facts shown on the return for the corporation for, and the law applicable to, the preceding taxable year."
Although your protest did not address this exception, we were able to review the Taxpayer's preceding year's return and determine that the Taxpayer does qualify for this exception. Accordingly, the penalty imposed shall be abated.
For future reference, I point out that the definitions of "tax" for purposes of the exceptions to the underpayment of estimated tax penalty are different. If a taxpayer claims an exception to the underpayment, a properly prepared Form 500C must be attached to the return. It is incumbent upon the taxpayer to properly prepare Form 500C, and any other required form or schedule, in order to avoid the statutory assessment of underpayment penalties.
Sincerely,
W. H. Forst
Tax Commissioner
OTP/727lM
Rulings of the Tax Commissioner