Bill Text: VA HB368 | 2022 | Regular Session | Chaptered
Bill Title: Refunds of local taxes; authority of treasurer.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2022-04-08 - Governor: Acts of Assembly Chapter text (CHAP0286) [HB368 Detail]
Download: Virginia-2022-HB368-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §58.1-3981 of the Code of Virginia is amended and reenacted as follows:
§58.1-3981. Correction by commissioner or other official performing his duties.
A. If the commissioner of the revenue, or other official
performing the duties imposed on commissioners of the revenue under this title,
is satisfied that he has erroneously assessed such applicant with any such tax,
he shall correct such assessment. If the assessment exceeds the proper amount,
he shall exonerate the applicant from the payment of so much as is erroneously
charged if not paid into the treasury of the county or city. If the assessment
has been paid, the governing body of the county or city shall, upon the
certificate of the commissioner with the consent of the town, city or county
attorney, or if none, the attorney for the Commonwealth, that such assessment
was erroneous, direct the treasurer of the county, city or town to refund the
excess to the taxpayer, with interest if authorized pursuant to §58.1-3918 or
in the ordinance authorized by §58.1-3916, or as otherwise authorized in that
section. However, the governing body of the county, city or town may authorize
the treasurer to approve and issue any refund up to $5,000 $10,000
as a result of an erroneous assessment.
B. If the assessment is less than the proper amount, the commissioner shall assess such applicant with the proper amount. If any assessment is erroneous because of a mere clerical error or calculation, the same may be corrected as herein provided and with or without petition from the taxpayer. If such error or calculation was made in work performed by others in connection with conducting general assessments, such mistake may be corrected by the commissioner of the revenue.
C. If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that any assessment is erroneous because of a factual error made in work performed by others in connection with conducting general reassessments, he shall correct such assessment as herein provided and with or without petition from the taxpayer.
D. An error in the valuation of property subject to the rollback tax imposed under §58.1-3237 for those years to which such tax is applicable may be corrected within three years of the assessment of the rollback tax.
E. A copy of any correction made under this section shall be certified by the commissioner or such other official to the treasurer of his county, city, or town.
F. In any action on application for correction under § 58.1-3980, if so requested by the applicant, the commissioner or other such official shall state in writing the facts and law supporting the action on such application and mail a copy of such writing to the applicant at his last known address.
