58.1-344 - Extension of time for filing returns.
§ 58.1-344. Extension of time for filing returns.
A. In accordance with procedures established by the Tax Commissioner, anyindividual or fiduciary may elect an extension of time within which to filethe income tax return required under this chapter to the date six monthsafter such due date, provided that the estimated tax due is paid inaccordance with the provisions of subsection B.
B. Any taxpayer desiring an extension of time in accordance with theprovisions of subsection A shall, on or before the original due date for thefiling of such return, in accordance with procedures established by the TaxCommissioner pay the full amount properly estimated as the balance of the taxdue for the taxable year after giving effect to any estimated tax paymentsunder § 58.1-491 and any tax credit under § 58.1-499. If any amount of thebalance of the tax due is underestimated, interest at the rate prescribed in§ 58.1-15 will be assessed on such amount from the original due date forfiling of the income tax return to the date of payment. In addition tointerest, if the underestimation of the balance of tax due exceeds 10 percentof the actual tax liability, there shall be added to the tax as a penalty anamount equal to two percent per month for each month or fraction thereof fromthe original due date for the filing of the income tax return to the date ofpayment.
C. If the return is not filed, or the full amount of the tax due is not paid,on or before the extended due date elected under subsection A, the penaltyimposed by § 58.1-347 shall apply as if no extension had been granted.
D. An extension of time for filing returns of income is hereby granted to andincluding the first day of the seventh month following the close of thetaxable year in the case of United States citizens residing or travelingoutside the United States and Puerto Rico, including persons in the militaryor naval service on duty outside the United States and Puerto Rico.
In all such cases a statement must be attached to the return certifying thatthe taxpayer is the person for whom the return is made and that the taxpayerwas outside the United States or Puerto Rico on the due date of the return.
E. Notwithstanding any other provisions of law, any taxpayer who qualifiesfor an automatic extension under subsection D of this section, and whoexpects to qualify for foreign income exclusion may, on or before theexpiration of the first day of the seventh month, apply for an additionalextension of time for filing returns of income for a period of 30 days afterthe date such taxpayer reasonably expects to qualify for such exclusion. Suchextension may not be granted unless a similar request for extension has beenmade for filing the federal return. An approved copy of the federal extensionmust be attached to the return when filed.
F. 1. Notwithstanding any other provision of this section, the date forfiling income tax returns and paying the tax due for the taxable yearbeginning on or after January 1, 1990, and before January 1, 1991, formembers of the reserve components of the armed forces, as defined in 10U.S.C. § 261, as amended, who on the original due date of such return were onactive duty status, is hereby extended for a period of one year from theoriginal due date of the return.
2. However, in the case of an individual who qualifies for a period ofpostponement under § 7508 of the Internal Revenue Code or an act of Congressrelating to and defining "Desert Shield service" for purposes of thefederal income tax, the deadline for filing income tax returns and paying thetax due shall be the date 15 days after the date on which the federal periodof postponement terminates, if such date is greater than one year from theoriginal due date of the return.
3. In all cases, an individual qualifying for an extension under eithersubdivision 1 or 2 of this subsection shall attach a statement to the returncontaining such information as may be prescribed by the Tax Commissioner.
G. 1. Notwithstanding any other provision of this section, the date forfiling income tax returns and paying the tax due for the taxable yearsbeginning on or after January 1, 1995, and before January 1, 1997, formembers of the Armed Forces of the United States, who on the original duedate of such return were on active duty status serving in any part of theformer Yugoslavia, including the air space above such location or any waterssubject to related naval operations in support of Operation JOINT ENDEAVOR aspart of the NATO Peace Keeping Force, is hereby extended for a period of oneyear from the original due date of the return.
2. However, in the case of an individual who qualifies for a period ofpostponement under § 7508 of the Internal Revenue Code for purposes of thefederal income tax, the deadline for filing income tax returns and paying thetax due shall be the date 15 days after the date on which the federal periodof postponement terminates, if such date is greater than one year from theoriginal due date of the return.
3. In all cases, an individual qualifying for an extension under eithersubdivision 1 or 2 of this subsection shall attach a statement to the returncontaining such information as may be prescribed by the Tax Commissioner.
H. Any individual who receives an extension for filing an individual incometax return for taxable year 1990 pursuant to subsection F or for taxable year1995 pursuant to subsection G of this section shall be paid interest on anyoverpayment of individual income tax for taxable year 1990 or 1995,respectively, beginning from the date the return was originally required tobe filed prior to the extension.
(Code 1950, § 58-151.067; 1971, Ex. Sess., c. 171; 1972, c. 827; 1976, c.720; 1977, c. 244; 1978, c. 166; 1984, c. 675; 1991, cc. 346, 361, 362, 456;1996, c. 401; 2005, c. 100.)