58.1-392 - Reports by pass-through entities.
§ 58.1-392. Reports by pass-through entities.
A. Every pass-through entity doing business in Virginia, or having incomefrom Virginia sources, shall make a return to the Department of Taxation onor before the fifteenth day of the fourth month following the close of itstaxable year. Such returns shall be made and filed in the manner prescribedby the Department.
B. The return of a pass-through entity shall be signed by any one of theowners. An owner's name signed on the return shall be prima facie evidencethat such owner is authorized to sign the return on behalf of thepass-through entity.
C. The Tax Commissioner may establish an income threshold for the filing ofreturns by pass-through entities and their owners. Pass-through entities andowners with income below this threshold shall not be required to file areturn.
D. Receivers, trustees in dissolution, trustees in bankruptcy, and assigneesoperating the property or business of pass-through entities must make andfile returns of income for such pass-through entities. If a receiver has fullcustody of and control over the business or property of a pass-throughentity, he shall be deemed to be operating such business or property, whetherhe is engaged in carrying on the business for which the pass-through entitywas organized or only in marshaling, selling, or disposing of its assets forpurposes of liquidation.
E. Pass-through entities may be required to file the return using anelectronic medium prescribed by the Tax Commissioner. The Tax Commissionershall establish a minimum number of owners for the electronic filingrequirement. Waivers shall be granted only if the Tax Commissioner finds thatthe requirement creates an unreasonable burden on the pass-through entity.All requests for waivers must be submitted to the Tax Commissioner inwriting. A pass-through entity that has fewer than the established minimumnumber of owners may, at such pass-through entity's option, file such annualreturn on such prescribed electronic medium in lieu of filing the annualreturn on paper.
(Code 1950, §§ 58-151.078, 58-151.084; 1971, Ex. Sess., c. 171; 1972, c. 465;1984, c. 675; 1988, c. 249; 2004, Sp. Sess. I, c. 3.)