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2012 SESSION
12100453DBe it enacted by the General Assembly of Virginia:
1. That § 58.1-1802.1 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty.
A. Where the assessment of any tax imposed by this subtitle
has been made within the period of limitation properly applicable thereto, such
tax may be collected by levy, by a proceeding in court, or by any other means
available to the Tax Commissioner under the laws of the Commonwealth, but only
if such collection effort is made or instituted within 10 seven years from the date of
the assessment of such tax. Prior to the expiration of any period for
collection, the period may be extended by a written agreement between the Tax
Commissioner and the taxpayer, and subsequent written agreements may likewise
extend the period previously agreed upon. The period of limitations provided in
this subsection during which a tax may be collected shall not apply to
executions, levy or other actions to enforce a lien created before the
expiration of the period of limitations by the docketing of a judgment or the
filing of a memorandum of lien pursuant to § 58.1-1805; nor shall the period of
limitations apply to the provisions of §§ 8.01-251 and 8.01-458.
B. The running of the period of limitations on collection shall be suspended for the period the assets of the taxpayer are in the control or custody of any state or federal court, including the United States Bankruptcy Court, or for the period during which a taxpayer is outside the Commonwealth if such period of absence is for a continuous period of at least six months.
C. If the Department of Taxation has no contact with the
delinquent taxpayer for a period of seven six
years and no memorandum of lien has been appropriately filed in a jurisdiction
in which such taxpayer owns real estate, interest and penalty shall no longer
be added to the delinquent tax liability. The mailing of notices by the
Department to the taxpayer's last known address shall constitute contact with
the taxpayer.
D. For purposes of this section, the "last known address" of the taxpayer means the address shown on the most recent return filed by or on behalf of the taxpayer or the address provided in correspondence by or on behalf of the taxpayer indicating that it is a change of the taxpayer's address.