Virginia 2022 Regular Session

Virginia Senate Bill SB386

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/10/22  
Engrossed
2/14/22  
Refer
2/18/22  
Report Pass
2/21/22  
Enrolled
2/28/22  
Chaptered
4/11/22  

Caption

Income tax, corporate; filing status for tax returns of certain affiliated corporations.

Impact

The bill's modifications to the filing structure could significantly impact state laws governing corporate taxation in Virginia. By permitting affiliated corporations to choose their filing status, the legislation is designed to adapt to the evolving business landscape. This flexibility allows corporations to select a method that may lead to a reduction in tax liability under favorable circumstances, thus potentially influencing the overall tax revenue collection for the state.

Summary

SB386 amends ยง58.1-442 of the Code of Virginia to address the filing status of certain affiliated corporations. This bill allows such corporations to file separate, combined, or consolidated tax returns for net income. The intent of this legislation is to provide flexibility for affiliated corporate groups, enabling them to compute their taxable income in a manner that reflects their operational structure while maintaining compliance with local tax law. It aims to streamline the filing process for related corporations, potentially reducing the administrative burden associated with corporate taxation.

Sentiment

The sentiment surrounding SB386 appears to be supportive, especially among businesses and corporate stakeholders who advocate for more streamlined regulations. Proponents view the bill as a progressive step toward enhancing the business environment in Virginia, thereby attracting more corporate entities to operate and invest in the state. In contrast, there may be skepticism from those concerned about the implications of tax law changes on revenue generation and fairness in the tax system.

Contention

One notable point of contention related to SB386 revolves around the potential for unequal advantages it might create for larger affiliated groups compared to smaller, independent businesses. Critics argue that allowing consolidated returns could benefit well-resourced corporations at the expense of smaller enterprises, which lack similar affiliations and resources to navigate the complexities of corporate tax structures. This debate reflects broader concerns about how tax legislation may inadvertently disadvantage smaller businesses while prioritizing the needs of larger corporate entities.

Companion Bills

VA HB224

Same As Income tax, corporate; filing status for tax returns of certain affiliated corporations.

Previously Filed As

VA HB224

Income tax, corporate; filing status for tax returns of certain affiliated corporations.

VA SB796

Income tax, corporate; returns, affiliated corporations.

VA HB1405

Income tax, corporate; returns, affiliated corporations.

VA HB348

Income tax, corporate; tax returns of affiliated corporations.

VA A2706

Eliminates requirement that taxpayer that qualifies as S corporation for federal tax purposes affirmatively elect New Jersey S corporation status for purposes of corporation business and gross income taxes.

VA A4629

Allows exclusion of certain small business income from taxation under gross income tax and corporation business tax.

VA A3102

Allows taxpayers to deduct cost of certain depreciable assets under corporation business and gross income taxes.

VA HB39

Corporate Income Tax Returns of Publicly Traded Corporations - Reporting Requirement

VA SB419

Relating to taxation of multinational corporations; prescribing an effective date.

VA HB2674

Relating to taxation of multinational corporations; prescribing an effective date.

Similar Bills

No similar bills found.