Law and Regulation Details

Virginia Corporate Tax Data

Question 1-How is confidential data defined?

Detail Level:
Detailed Explanation
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(A), (F)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES. (A) Except in accordance with a proper judicial order or as otherwise provided by law [an employee]...of any of the aforementioned offices shall not divulge any information acquired by him in the performance of his duties with respect to the transactions, property, including personal property, income or business of any person, firm or corporation. Such prohibition specifically includes any copy of a federal return or federal return information required by Virginia law to be attached to or included in the Virginia return. This prohibition shall apply to any reports, returns, financial documents or other information filed with the Attorney General pursuant to the provisions of Article 3 (§ 3.2-4204 et seq.)...(F) Additionally, it shall be unlawful for any person to disseminate, publish, or cause to be published any confidential tax document which he knows or has reason to know is a confidential tax document. A confidential tax document is any correspondence, document, or tax return that is prohibited from being divulged by subsection A, B, C, or D and includes any document containing information on the transactions, property, income, or business of any person, firm, or corporation that is required to be filed with any state official by §58.1-512.
Date Reviewed:
7/20/2017

Question 2-Who is authorized to disclose data?

Detail Level:
Detailed Explanation
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(C)-(E)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES...(C) Notwithstanding the provisions of subsection A or B or any other provision of this title, the Tax Commissioner is authorized to (i) divulge tax information...(D) Notwithstanding the provisions of subsection A or B or any other provision of this title, the commissioner of revenue or other assessing official is authorized to (i) provide...information...relating to...any dealer located within the county or city who paid sales and use tax...(E) Notwithstanding any other provisions of law, state agencies and any other administrative or regulatory unit of state government shall divulge to the Tax Commissioner or his authorized agent, upon written request, the name, address, and social security number of a taxpayer, necessary for the performance of the Commissioner's official duties regarding the administration and enforcement of laws within the jurisdiction of the Department of Taxation...
Date Reviewed:
7/20/2017

Question 3-For what purposes may data be disclosed?

Detail Level:
Broad Mention
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(D)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES. (D) Notwithstanding the provisions of subsection A or B or any other provision of this title, the commissioner of revenue or other assessing official is authorized to (i) provide...the chief executive officer of any county or city with information furnished to the commissioner of revenue by the Tax Commissioner...for the purpose of verifying the local sales and use tax revenues payable to the county or city...
Date Reviewed:
7/20/2017

Question 4-To which parties may data be disclosed?

Detail Level:
Detailed Explanation
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(A), (B), and (C)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES. (A) Except in accordance with a proper judicial order or as otherwise provided by law, the Tax Commissioner or agent...shall not divulge any information acquired by him in the performance of his duties...The provisions of this subsection shall not be applicable, however, to...7. Reports or information filed with the Attorney General by a Stamping Agent pursuant to the provisions of Article 3 (§ 3.2-4204 et seq.)...(B)(3) This section shall not prohibit the Department from disclosing information to nongovernmental entities with which the Department has entered into a contract to provide services...related to its administration of taxes....(4) This section shall not prohibit the Department from disclosing information to taxpayers regarding whether the taxpayer's employer or another person or entity required to withhold on behalf of such taxpayer submitted withholding records to the Department for a specific taxable year as required pursuant to C 1 of § 58.1-478...(C) Notwithstanding the provisions of subsection A or B or any other provision of this title, the Tax Commissioner is authorized to (i) divulge tax information to any commissioner of the revenue, director of finance or other similar collector of county, city or town taxes...(v) provide to the Commissioner of the Virginia Employment Commission...(vi) provide to the Alcoholic Beverage Control Board...(xii) provide to the Department of Housing and Community Development...information as may be necessary to facilitate the administration of the remaining effective provisions of the Enterprise Zone Act (§ 59.1-270 et seq.), and the Enterprise Zone Grant Program (§ 59.1-270 et seq.), and the Enterprise Zone Grant Program (§ 59.1-538 et seq.); (xiii) provide current name and address information to private collectors entering into a written agreement with the Tax Commissioner, for their confidential use when acting on behalf of the Commonwealth or any of its political subdivisions; however, the Tax Commissioner is not authorized to provide such information to a private collector who has used or disseminated in an unauthorized or prohibited manner any such information previously provided to such collector;...(xv) provide to the Commissioner of Labor and Industry, upon entering into a written agreement, such tax information as may be necessary to facilitate the collection of unpaid wages under § 40.1-29;...(xvii) provide to any commissioner of the revenue, director of finance, or any other officer of any county, city, or town performing any or all of the duties of a commissioner of the revenue and to any dealer registered for the collection of the Communications Sales and Use Tax, a list of the names, business addresses, and dates of registration of all dealers registered for such tax;...The Tax Commissioner is further authorized to enter into written agreements with duly constituted tax officials of other states and of the United States for the inspection of tax returns, the making of audits, and the exchange of information relating to any tax administered by the Department of Taxation. Any person to whom tax information is divulged pursuant to this section shall be subject to the prohibitions and penalties prescribed herein as though he were a tax official.

Date Reviewed:
7/20/2017

Question 5-What specific data elements may be disclosed?

Detail Level:
Detailed Explanation
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(C)(xii) and (E)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES...(C)...(xii) provide to the Department of Housing and Community Development for its confidential use such tax information as may be necessary to facilitate the administration of the remaining effective provisions of the Enterprise Zone Act (§ 59.1-270 et seq.), and the Enterprise Zone Grant Program (§ 59.1-538 et seq.)...(E) Notwithstanding any other provisions of law, state agencies and any other administrative or regulatory unit of state government shall divulge to the Tax Commissioner or his authorized agent, upon written request, the name, address, and social security number of a taxpayer, necessary for the performance of the Commissioner's official duties regarding the administration and enforcement of laws within the jurisdiction of the Department of Taxation. The receipt of information by the Tax Commissioner or his agent which may be deemed taxpayer information shall not relieve the Commissioner of the obligations under this section.



Date Reviewed:
7/20/2017

Question 6-What type of data sharing agreement is required for data disclosure?

Detail Level:
Not Addressed
Date Reviewed:
7/27/2016

Question 7-What safeguards are required for data disclosure?

Detail Level:
Not Addressed
Date Reviewed:
7/27/2016

Question 8-What are the payment provisions for data disclosure?

Detail Level:
Broad Mention
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(D)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES...(D)...The treasurer or other local assessing official may require any person requesting information pursuant to clause (iii) of this subsection to pay the reasonable cost of providing such information.
Date Reviewed:
7/20/2017

Question 9-What are the penalties for violating disclosure rules?

Detail Level:
Detailed Explanation
Citation:
Code of Virginia § 58.1-3
Relevant Subsections:
(A)
Relevant Language:
TITLE 58.1 - TAXATION, GENERAL PROVISIONS OF TITLE 58.1, ARTICLE 1 - IN GENERAL, § 58.1-3 - SECRECY OF INFORMATION; PENALTIES. (A)...Any person violating the provisions of this section is guilty of a Class 1 misdemeanor. The provisions of this subsection shall not be applicable, however, to:..
Date Reviewed:
7/20/2017