Tax Type
Corporation Income Tax
Description
Amended return; Refund request; Timely filing
Topic
Payment and Refund
Returns/Payments/Records
Statute of Limitations
Date Issued
08-16-1994
August 16, 1994
Re: Amended Corporate Income Tax Return for 1987
Gentlemen:
The Department has received your amended return claiming a refund for 1987, filed on December 28,1993. The Department must deny your refund claim.
The amended return was not filed "within three years of the last day prescribed by law for the timely filing of the [original] return" or within certain other periods not applicable to this amended return, as required by Va. Code §58.1 -1823. The 1987 return was due April 15, 1988, or October 15,1988, if extended. The amended return was filed more than five years after the prescribed due date of the original return.
The issue involved (the numerator of the payroll factor) was the subject of an assessment dated September 10, 1991. Administrative and judicial remedies are authorized for the correction of an assessment by Va. Code §§ 58.1-1821,58.1-1824, and 58.1-1825. The taxpayer has already filed an application under § 58.1-1821, which was denied on August 27,1992. Virginia Regulation VR 630-1-1823.C provides that "an amended return should not be filed if the claim for refund involves issues that were previously considered in the course of an audit, application for correction or protective claim."
Because your refund claim is rejected as untimely filed, rather than on the merits, and also does not raise the payroll factor issue for the first time, this denial does not constitute an "assessment" permitting further administrative and judicial remedies challenging the merits of the assessment pursuant to Va. Code § 58.1-1823.
Sincerely,
Danny M. Payne
Tax Commissioner
OTP/8324C
Rulings of the Tax Commissioner