CODE OF VIRGINIA

EXTENSION OF TIME FOR FILING RETURNS (§ 58.1-344)

A. In accordance with procedures established by the Tax Commissioner, any
individual or fiduciary may elect an extension of time within which to file the
income tax return required under this chapter to the date six months after such
due date, provided that the estimated tax due is paid in accordance with the
provisions of subsection B.

B. Any taxpayer desiring an extension of time in accordance with the provisions
of subsection A shall, on or before the original due date for the filing of such
return, in accordance with procedures established by the Tax Commissioner pay
the full amount properly estimated as the balance of the tax due for the taxable
year after giving effect to any estimated tax payments under § 58.1-491 and any
tax credit under § 58.1-499. If any amount of the balance 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 for filing of the income tax return to
the date of payment. In addition to interest, if the underestimation of the
balance of tax due exceeds 10 percent of the actual tax liability, there shall
be added to the tax as a penalty an amount equal to two percent per month for
each month or fraction thereof from the original due date for the filing of the
income tax return to the date of payment.

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 penalty imposed
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 and
including the first day of the seventh month following the close of the taxable
year in the case of United States citizens residing or traveling outside the
United States and Puerto Rico, including persons in the military or naval
service on duty outside the United States and Puerto Rico.In all such cases a
statement must be attached to the return certifying that the taxpayer is the
person for whom the return is made and that the taxpayer was outside the United
States or Puerto Rico on the due date of the return.

E. Notwithstanding any other provisions of law, any taxpayer who qualifies for
an automatic extension under subsection D of this section, and who expects to
qualify for foreign income exclusion may, on or before the expiration of the
first day of the seventh month, apply for an additional extension of time for
filing returns of income for a period of 30 days after the date such taxpayer
reasonably expects to qualify for such exclusion. Such extension may not be
granted unless a similar request for extension has been made for filing the
federal return. An approved copy of the federal extension must be attached to
the return when filed.

F. 

   1.  Notwithstanding any other provision of this section, the date for filing
   income tax returns and paying the tax due for the taxable year beginning on or
   after January 1, 1990, and before January 1, 1991, for members of the reserve
   components of the armed forces, as defined in 10 U.S.C. § 261, as amended,
   who on the original due date of such return were on active duty status, is
   hereby extended for a period of one year from the original due date of the
   return.

   2.  However, in the case of an individual who qualifies for a period of
   postponement under § 7508 of the Internal Revenue Code or an act of Congress
   relating to and defining “Desert Shield service” for purposes of
   the federal income tax, the deadline for filing income tax returns and paying
   the tax due shall be the date 15 days after the date on which the federal
   period of postponement terminates, if such date is greater than one year from
   the original due date of the return.

   3.  In all cases, an individual qualifying for an extension under either
   subdivision 1 or 2 of this subsection shall attach a statement to the return
   containing such information as may be prescribed by the Tax Commissioner.

G. 

   1.  Notwithstanding any other provision of this section, the date for filing
   income tax returns and paying the tax due for the taxable years beginning on
   or after January 1, 1995, and before January 1, 1997, for members of the Armed
   Forces of the United States, who on the original due date of such return were
   on active duty status serving in any part of the former Yugoslavia, including
   the air space above such location or any waters subject to related naval
   operations in support of Operation JOINT ENDEAVOR as part of the NATO Peace
   Keeping Force, is hereby extended for a period of one year from the original
   due date of the return.

   2.  However, in the case of an individual who qualifies for a period of
   postponement under § 7508 of the Internal Revenue Code for purposes of the
   federal income tax, the deadline for filing income tax returns and paying the
   tax due shall be the date 15 days after the date on which the federal period
   of postponement terminates, if such date is greater than one year from the
   original due date of the return.

   3.  In all cases, an individual qualifying for an extension under either
   subdivision 1 or 2 of this subsection shall attach a statement to the return
   containing such information as may be prescribed by the Tax Commissioner.

H. Any individual who receives an extension for filing an individual income tax
return for taxable year 1990 pursuant to subsection F or for taxable year 1995
pursuant to subsection G of this section shall be paid interest on any
overpayment of individual income tax for taxable year 1990 or 1995,
respectively, beginning from the date the return was originally required to be
filed prior to the extension.

HISTORY: 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.