CHAPTER 570

AN ACT to amend and reenact § 58-117, as amended, of the Code of Vir-
ginia, relating to when and how individual and fiduciary income taxes
payable and collectible.

[S 158]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 58-117, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 58-117. When, where and how individual income taxes payable
and collectible-—Each individual and fiduciary liable for income tax shall
pay the same to the treasurer of the county or city with whose commis-
sioner of the revenue the taxpayer files his return at the time fixed by
law for filing the return. The full amount of the tax payable as shown on
the face of the return shall be so paid. * A taxpayer may file his return
and pay his tax in full in the closing days of his taxable year provided he
is able to prepare a complete return.

If any payment * is not made in full when due, there shall be added
to the entire tax or * to any unpaid balance of the tax, as the case may be,
a penalty of five per cent of the amount thereof, and the entire tax or * any
unpaid balance of the tax, as the case may be, together with such penalty,
will immediately become collectible, and interest upon such tax or * any
unpaid balance of the tax, as the case may be, and on the accrued penalty,
shall be added at the rate of one-half of one per cent per month or frac-
tion thereof from one month after the tax or any unpaid balance of the
tax, as the case may be, was originally due until paid; but in the case of
an additional tax assessed by the commissioner of the revenue under the
provisions of § 58-110, if the return was made in good faith and the
understatement of the amount in the return was not due to any fault
of the taxpayer, there shall be no penalty on the additional tax because
of such understatement, but interest shall be added to the amount of the
deficiency at the rate of one-half of one per cent per month or fraction
inert i the time the said return was required by law to be filed
until paid.

In every case the taxpayer may make payment to the treasurer of
the county or city by attaching to his return when he files it with the
commissioner of the revenue a check or money order for the proper amoun'
made payable to the order of “Treasurer of the County of .................00 ri
or “Treasurer of the City of ................000 »’ as the case may be; and the
commissioner of the revenue shall transmit all such checks and money
orders to the treasurer at the time he delivers to the treasurer the assess-
ment sheets or forms showing the assessments, or if memorandum assess-
ments are made, at the time such memorandum assessments are certified
to the treasurer. In those counties in which a director of finance performs
the duties of a county treasurer, checks or money orders shall be made
payable to the order of “Director of Finance of the County of ..................008 ‘a
If any check be not paid by the bank on which it is drawn, the taxpayer
by whom such check was tendered shall remain liable for the payment of
the tax and for all legal penalties and interest the same as if such check
had not been tendered. .

If the taxpayer on filing his return desires to pay in currency or coin,
the commissioner of the revenue with whom the return is filed shall forth-
with prepare a memorandum assessment on a form to be prescribed and
furnished by the Department of Taxation and a copy of such memorandum
assessment shall be immediately certified to the treasurer who shall re-
ceive the currency or coin from the taxpayer and give his receipt there-
for. Memorandum assessments shall be subsequently entered by the
commissioner of the revenue on the prescribed assessment sheets or
forms; and the Department of Taxation may prescribe and furnish forms
for making memorandum assessments in all additional cases in which, in
the opinion of the Department, the same may be necessary to facilitate
the assessment and collection of individual and fiduciary income taxes.

Each county and city treasurer shall proceed promptly to collect all
individual and fiduciary income taxes for the taxable year that have been
assessed by the commissioner of the revenue and remain unpaid after the
time fixed by law for payment and shall continue his efforts so to collect
until the close of the then current calendar year. The collection of such
taxes shall be enforced by legal process to the extent collection cannot
be accomplished otherwise, and all remedies available to the treasurer
for the collection of other taxes shall apply to the collection of individual
and fiduciary income taxes. Forms of necessary tax bills and receipts
shall be prescribed by the Department of Taxation.

Within thirty-one days after the close of such calendar year the treas-
urer shall transmit to the Department of Taxation in such form as the
Department of Taxation may prescribe such information and data as may
be required by such Department with respect to all assessments made by
the commissioner of the revenue during such calendar year as the treas-
urer was unable to collect. The Department of Taxation, upon receiving
and examining the same, shall certify to the Comptroller the necessary
information to enable‘the Comptroller to give such treasurer proper credit
on the Comptroller’s books for all unpaid items, and such treasurer shall
not receive any of such taxes after he has transmitted such information
and data to the Department of Taxation, but the same shall be paid directly
into the State treasury. .

The Department of Taxation shall have power to issue warrants for
the collection of such taxes in the same manner and with the same effect
as in the case of warrants issued for the collection of taxes assessed by
such Department; and all provisions of law applicable to such warrants
shall be applicable to the warrants issued for the collection of taxes under
this section. The Department of Taxation shall also have power to collect
the taxes aforesaid by other legal process.

2. This act shall apply to taxable years beginning after December 31,
1957.