Virginia Administrative Code
Title 23 - TAXATION
Agency 10 - DEPARTMENT OF TAXATION
Chapter 20 - GENERAL PROVISIONS APPLICABLE TO ALL TAXES ADMINISTERED BY THE DEPARTMENT OF TAXATION
Section 23VAC10-20-141 - Determination of when padlocking is appropriate
Universal Citation: 3 VA Admin Code 10-20-141
Current through Register Vol. 41, No. 3, September 23, 2024
A. Required factors. Prior to ordering the padlocking of a business enterprise, the Tax Commissioner first shall make the determination that such action is the appropriate remedy to force the collection of delinquent taxes. The Tax Commissioner must find that the following conditions are satisfied:
1. Minimum
amount of tax delinquency. The aggregate amount of delinquent taxes owned by
the business enterprise or the owner of such business enterprise must exceed
$100. The aggregate amount of delinquent taxes shall include the total amount
of delinquent taxes, penalties and interest owed by the business enterprise or
the owner of the business enterprise, attributable to the business operations
of the business enterprise to be padlocked.
2. Other collections actions. Padlocking may
occur only after the Department of Taxation has attempted other methods of
collecting the delinquent taxes. At a minimum, the following shall have
occurred:
a. An assessment shall have been
issued and mailed or delivered in accordance with the provisions of §
58.1-1820 of the Code of Virginia; and
b. A memorandum of lien shall have been filed
in accordance with the provisions of subsection A of § 58.1-1805 of the
Code of Virginia.
B. Additional factors which may be considered. In addition to the requirements under subsection A of this section, the following factors may be considered by the Tax Commissioner in determining whether padlocking is appropriate:
1. The
effectiveness of prior collection actions, i.e., written requests for payment,
telephone contacts, personal contacts and prior judicial orders.
2. The taxpayer's history of chronic
delinquency and other conduct tending to hinder or delay the timely collection
of taxes administered by the Department of Taxation as a factor in the
determination of whether padlocking is appropriate.
3. Whether padlocking is appropriate to
complement other actions, e.g., revocation of a dealer's certificate of
registration to collect sales tax.
4. The likelihood that continued operation of
the business enterprise may increase the amount of sales or withholding tax,
collected from others and held in trust for the Commonwealth, which has not
been paid over to the Department of Taxation.
5. The likelihood that padlocking the
business enterprise of a delinquent taxpayer will adversely affect the business
operations of other taxpayers whose businesses may share the same physical
business location as the delinquent taxpayer.
Statutory Authority
§§ 58.1-203 and 58.1-1805 of the Code of Virginia.
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