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 Virginia Administrative Code (Last Updated: January 10, 2017)
 Title 23. Taxation
 Agency 10. Department of Taxation
 Chapter 390. Virginia Soft Drink Excise Tax Regulations

  Section 40. Collection  

Latest version.

  • A. The soft drink excise tax is collected annually by the Department of Taxation. A check for the amount of tax, and if applicable, penalty and interest, should be made payable to the Department of Taxation and submitted with the properly filed return.

    B. Returns are required to be filed with the Department of Taxation, P.O. Box 1880, Richmond, Virginia 23282-1880, on or before the statutory due date (without extension) for filing Virginia income tax returns.

    1. If taxpayer has an extension of time for filing his income tax return from the Internal Revenue Service, the filing date for the soft drink excise tax may be extended to the same as the federal date plus 30 days. In order to receive an extension of time for filing the return, a request for extension must be made to the Department of Taxation prior to the original due date of the return.

    2. If an extension of filing time is granted, interest at the rate established pursuant to Section 6621 of the Internal Revenue Code of 1954, as amended, accrues from the date the return was originally due to be filed to the date of payment.

    C. Subject to the provisions of subdivisions B 1 and 2, penalties and interest are imposed for failure to file a return, for late filing, for filing a false or fraudulent return, and for failure to pay when due the full amount of tax as shown on the face of the return and are assessed in the same manner as the income tax penalties imposed under Chapter 3 of Title 58.1 of the Code of Virginia.

    1. Penalty for failure to pay when due shall be 5.0% of the amount of unpaid tax and assessed in accordance with §§ 58.1-351 and 58.1-455.

    2. Penalty for failure to file the return when due is $100 for corporations and 10% of the amount of tax assessable on the return for all others. The penalties shall be assessed in accordance with Sections 58.1-347 and 58.1-450.

    3. Penalty for fraud is assessed in accordance with §§ 58.1-348, 58.1-451 and 58.1-452.

    4. Interest is assessed on tax and applicable penalties in accordance with § 58.1-15 of the Code of Virginia.

Historical Notes

Derived from VR630-26-1703, eff. January 1, 1985, with retroactive effect according to § 58.1-203.

Statutory Authority

§§ 58.1-203 and 58.1-1703 of the Code of Virginia.