Virginia Tax Relief Help: Payment Plans, OIC & Collection Options

Owe Virginia state taxes or received a notice from the Virginia Department of Taxation (Virginia Tax)? Do not guess your next move. We review your Virginia tax balance, notice, deadline, payment options, and collection risk so you know what to do next. Virginia has unique rules — including Offers in Compromise, jeopardy assessments with only 14 days to object, and felony charges for trust fund tax conversion.

No guarantee of outcome. We will tell you if settlement is not realistic. A review by phone: (888) 260-9441
Reviewed by William McLee, Enrolled Agent
Last reviewed: June 27, 2026
Reviews content for accuracy against official sources. About our review process
Received an Assessment Notice, Tax Bill, jeopardy assessment, intent to lien, bank levy, wage garnishment order, or refund offset notice from Virginia? These are not normal bills. Virginia has strict deadlines — some as short as 14 days — and serious enforcement tools, including felony prosecution for trust fund taxes.
These are not normal bills.
Deadlines and collection risk matter.
Speak with a tax relief specialist: (888) 260-9441

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Virginia Tax Relief Overview

Owing Virginia state taxes is different from owing the IRS. The Virginia Department of Taxation has its own rules, deadlines, and collection tools. The Tax Commissioner has broad authority to assess, collect, compromise taxes, issue jeopardy assessments, enter into installment agreements, accept offers in compromise, file liens, and levy on property.

Important differences from other states: Virginia does have an Offer in Compromise program (three types), unlike some states. Virginia also has aggressive collection tools, including jeopardy assessments with only 14 days to object, wage liens that can reach 25% of net wages, and Class 6 felony charges for willful conversion of trust fund taxes exceeding $1,000 under Va. Code § 58.1-1816.

Also critical: Virginia does not permit an interest waiver unless the underlying tax liability is adjusted. Interest is mandatory and accrues at the federal underpayment rate plus 2%.

Depending on your situation, you may need one or more of the following:

  • A payment plan to pay over time (up to 5 years for individual income tax)
  • An Offer in Compromise to settle for less than the full amount (3 types available)
  • A formal appeal if you received an assessment you disagree with (strict 90-day deadline)
  • Penalty relief if penalties make the balance impossible to pay
  • Lien release or levy resolution if collection action has started
  • Jeopardy assessment defense if Virginia Tax has issued an accelerated assessment
  • Filing help if you have unfiled Virginia tax returns

If you run a business in Virginia and owe sales tax or withholding tax, the stakes are especially high. Sales tax and withholding tax are trust fund taxes, and willful failure to account for $1,000 or more within 90 days is a Class 6 felony under Va. Code § 58.1-1816. Additionally, responsible person liability in Virginia applies to ALL taxes, not just trust fund taxes, under a four-pronged test.

Virginia Tax Relief Options at a Glance

Option What It Does Best For Key Deadline
Payment Plan Pay balance over time, up to 5 years for individual income tax Can afford monthly payments; all returns filed Apply when the balance is assessed
Offer in Compromise Settle for less than the full amount; 3 types available; $50 application fee (waivable) Financial hardship or disputed liability All returns must be filed first
Penalty Relief Request waiver of penalties for reasonable cause Penalties are large; had illness, disaster, or records loss Under $2,000: Customer Service; over $2,000: OIC
Appeal Challenge the assessment to the Tax Commissioner, then the circuit court You disagree with the amount owed and have proof 90 days from assessment (strictly enforced)
Lien Release Remove public tax lien from circuit court records Lien filed, but balance paid or determination made Release within 7 days if the filing was erroneous
Wage/Bank Levy Help Respond to a wage lien or bank levy Bank account frozen or wages being withheld Act immediately
Jeopardy Assessment Defense Object to the accelerated assessment within 14 days Received a jeopardy assessment 14 days to request a meeting; 20 days for determination

What Virginia Tax Notice Did You Receive?

Select your notice type for a quick explanation of what it means and your options.

Not Sure Where to Start?

We can review your Virginia tax notice, balance, and deadlines — and explain your options in plain English. Call (888) 260-9441 or request a free review. We will tell you if the settlement is not realistic.

No pressure. No guarantee. Just a clear review of your options.

What the Virginia Department of Taxation Can Do to Collect

If you owe Virginia state taxes and do not address the balance, Virginia Tax has a broad range of collection tools under Title 58.1 of the Code of Virginia. Not every case reaches the most serious actions, but the longer a balance goes unpaid, the more aggressive the state may become.

Class 6 Felony for Trust Fund Tax Conversion

Under Va. Code § 58.1-1816, any corporate or partnership officer, business owner, or fiduciary who, through two or more acts or omissions within 90 days, willfully fails to truthfully account for $1,000 or more of collected sales, use, or withholding tax with intent not to pay it over is guilty of a Class 6 felony. The prosecution must begin within 5 years of the offense. This is in addition to 100% personal liability under § 58.1-1813 and Class 1 misdemeanor charges under § 58.1-1815 for willful failure to collect or account for trust fund taxes.

Add Penalties and Interest
Late filing, late payment, and other penalties can add up quickly. Interest is mandatory and continues to accrue at the federal underpayment rate plus 2% until the balance is paid in full. Virginia does not waive interest unless the underlying liability is adjusted.
Send Collection Notices
Virginia Tax sends a series of notices before taking enforced collection action. Ignoring these notices can lead to more serious consequences. Assessment notices and tax bills are the starting point; they trigger the critical 90-day appeal deadline.
Issue Jeopardy Assessments
The Tax Commissioner may issue jeopardy assessments under § 58.1-313 (income tax) and § 58.1-631 (sales tax) when collection will be jeopardized by delay. Upon the taxpayer's request, Virginia Tax must meet with the taxpayer within 14 days of the assessment, and must issue its written determination within 20 days after that meeting.
Offset Refunds and State Payments
Virginia law requires holding state tax refunds, lottery prizes, and certain other state payments to satisfy unpaid tax bills. Virginia may also hold federal income tax refunds. Taxpayers are notified and allowed time to protest before the offset occurs.
File a Memorandum of Lien
A memorandum of lien is filed with the circuit court clerk's office. It has the effect of a judgment in favor of the Commonwealth. A recorded memorandum of lien can remain in force for up to 20 years, or until the liability is paid in full.
Wage and Bank Liens
Virginia Tax may place liens against wages and bank accounts under Va. Code § 58.1-1804. Under current administrative practice, when Virginia Tax issues a wage lien, it asks the employer to withhold 25% of the taxpayer's net wages, continuing until the balance is paid in full.
Refer to Outside Collection Agencies
Virginia Tax refers accounts to outside collection agencies, including Access Receivables, Harris and Harris LTD, and Kennedy Services under § 58.1-1803. These agencies must adhere to the Fair Debt Collection Practices Act.
Pursue Responsible Person Liability
Under § 58.1-1813, corporate officers, employees, members, or managers who willfully fail to pay, collect, or truthfully account for any tax administered by Virginia Tax are personally liable for 100% of the tax. This applies to ALL taxes — not just trust fund taxes.

Virginia Tax Payment Plans

If you cannot pay your Virginia state tax balance in full, a payment plan (installment agreement) may be an option. The Tax Commissioner is authorized to enter into written installment agreements under Va. Code § 58.1-1817. For individual income tax, the Commissioner is required to offer installment agreements of up to 5 years upon petition. For other taxes, agreements are discretionary.

Key Conditions for Virginia Payment Plans

Requirement Details
Eligibility — Income Tax The Tax Commissioner must offer installment agreements of up to 5 years upon petition for individual income tax.
Eligibility — Other Taxes Installment agreements are discretionary for sales tax, withholding tax, and other taxes.
How to Apply Online through Virginia Tax's website, by phone at 804-367-8045, or through automated Teleplan at 804-440-5100.
Down Payment 10% recommended for individuals; 20% recommended for businesses.
Maximum Term Up to 5 years for individual income tax; variable terms for other taxes.
Current Filing All tax returns must be filed, and current taxes paid timely while the plan is in effect.
Penalties and Interest Continue to accrue during the payment plan; the final payment includes all accrued penalties and interest.
Termination Grounds The Commissioner may terminate an agreement for inaccurate information, jeopardized collection, missed installments, unpaid new taxes, or unfiled returns.
Refund Offset State refunds, lottery prizes, and certain other state payments may still be held and applied to your balance.

Interest Is Mandatory — Even During a Payment Plan

Virginia does not permit an interest waiver unless the underlying tax liability is adjusted. Interest at the federal underpayment rate plus 2% continues to accrue on your unpaid balance for the entire life of the payment plan. A payment plan stops enforced collection but does not stop interest from accumulating.

Source: Virginia Tax — Payment Plans | Va. Code § 58.1-1817

See If a Virginia Payment Plan Makes Sense

A Virginia payment plan may help if you cannot pay in full, but interest will continue to accrue. The right move depends on your balance, notice status, income, assets, and whether collection has already started.

No guarantee of approval. Virginia Tax makes the final decision.

Virginia Offer in Compromise (OIC)

Yes — Virginia does have an Offer in Compromise program. Under Va. Code § 58.1-105, the Tax Commissioner may compromise and settle doubtful or disputed claims for taxes, or tax liability of doubtful collectibility.

Three Types of Virginia Offers in Compromise

1. Doubtful Collectibility — For taxpayers who cannot pay the full amount due to financial hardship. Requires a full financial disclosure using Form FIN I-1 (individuals) or the equivalent business form. The Tax Commissioner evaluates your ability to pay based on income, expenses, and assets.

2. Doubtful Liability — For taxpayers who dispute that the tax is legally owed. Uses Form OIC I-2 (individuals) or OIC B-2 (businesses). You must provide evidence supporting your position that the liability is incorrect.

3. Waiver of Penalty — For reasonable cause, penalty relief when penalties exceed $2,000. Penalties under $2,000 can be requested through Customer Service. You must demonstrate reasonable cause, such as fire, death, illness requiring hospitalization, flood, natural disaster, or other unusual situations. Simple oversight is not sufficient.

Important OIC Requirements

  • All returns must be filed, and your account must be in a current status before submitting an offer.
  • A $50 non-refundable application fee generally applies, though a fee waiver may be available — check the current application form for eligibility.
  • Payment with the offer is not required, but if a check is submitted, it will be deposited.
  • Monthly expenses must be actual and necessary living expenses
  • All household income and expenses are included, regardless of relationship
  • Both the taxpayer and representative (if any) must sign
  • Submitting an offer extends the statute of limitations for collection by 60 days after the Department's determination
  • A written response is provided on acceptance, modification, or denial
  • There is no right of appeal in the OIC process; denied offers may be resubmitted with additional information for reconsideration

A note on repayment terms: Some third-party sources describe a specific follow-up payment period (for example, several months) for accepted Doubtful Collectibility offers. We were not able to independently confirm a specific number of months from Virginia Tax's current published materials in this review, so we've left that detail out rather than guess. If you're weighing whether to pay an accepted offer in a lump sum or over time, confirm the current terms directly with Virginia Tax at 804-367-8045 or with your representative. Separately, the 5-year installment term described above applies to standard payment plans under § 58.1-1817 — not to OIC follow-up payments — so don't treat those two figures as interchangeable.

Source: Virginia Tax — Offer in Compromise | Va. Code § 58.1-105

See If a Virginia Offer in Compromise Is Realistic

An OIC may be an option if you have financial hardship or dispute the liability. Virginia evaluates each offer individually.

No guarantee of acceptance. Virginia Tax makes the final decision.

Virginia Penalty Relief

Penalty relief is different from a payment plan or an Offer in Compromise. A payment plan lets you pay over time. An OIC may reduce the overall liability. Penalty relief asks Virginia to reduce or remove penalties when allowed under state rules.

Under Va. Code § 58.1-105(A), the Tax Commissioner may waive penalties for reasonable cause. However, interest cannot be waived unless the associated tax liability is adjusted or doubtful liability/collectibility is established.

Reasonable Cause Examples

  • Fire, death, or illness requiring hospitalization
  • Flood or natural disaster
  • Other unusual situations beyond the taxpayer's control

Simple oversight is NOT sufficient for a penalty waiver. The Department generally will not waive penalties where the failure was caused by negligence or error of a professional tax preparer. Good filing history is not a basis for waiver.

How to Request Penalty Relief

Penalty Amount Where to Request Documentation Needed
Under $2,000 Write to Customer Service with details and documentation of reasonable cause Documentation supporting the reasonable cause basis (medical records, insurance claims, etc.)
Over $2,000 File an Offer in Compromise (Waiver of Penalty type) Detailed explanation and supporting documentation; both the taxpayer and the representative must sign

Interest Cannot Be Waived

Interest is mandatory and represents a fee for the use of money properly due the Commonwealth — not a penalty. Interest can only be adjusted if the underlying tax liability is adjusted or if doubtful liability/collectibility is established through an OIC. (Note: the draft cited "Ruling of the Tax Commissioner 21-43" for this holding; we could not independently pull the full ruling text in this pass. Recommend verifying the ruling number directly on tax.virginia.gov before this citation is republished.)

Source: Virginia Tax — Penalties and Interest

Virginia Tax Appeals

If you disagree with a Virginia tax assessment, you have the right to appeal. Virginia's appeal deadlines are strictly enforced — missing them can severely limit your options.

90-Day Strict Deadline

You have 90 calendar days from the date of assessment to file an administrative appeal with the Tax Commissioner under § 58.1-1821. This deadline is strictly enforced — incomplete filings returned for additional information are not considered timely. If you cannot file within 90 days, you generally must pay in full and file a protective claim for refund.

Virginia Appeal Process Steps

  • Informal Review — Contact Virginia Tax to discuss the assessment and provide any additional information.
  • Administrative Appeal — File a formal appeal to the Tax Commissioner under § 58.1-1821 within 90 days.
  • Reconsideration — After the Tax Commissioner issues a written determination, you may request reconsideration
  • Judicial Review — Appeal to circuit court within 3 years from the date of assessment OR 1 year from the Tax Commissioner's determination, whichever is later. Court review is de novo as to fact and law, with the burden on the taxpayer to show the assessment is erroneous.

Key Appeal Facts

  • Interest continues to accrue during the appeal unless the assessment is abated.
  • Pre-payment of the assessment is generally required before circuit court review, unless a bond is posted.
  • The Tax Commissioner may determine that collection is in jeopardy and continue collection during the appeal.
  • Incomplete filings that are returned for additional information are not considered timely filed.

Review My Virginia Notice

If you received a Virginia assessment notice, review the deadline before doing anything else.

This is not legal advice. Consult a qualified representative for your specific situation.

Source: Virginia Tax — Administrative Appeals | Va. Code § 58.1-1821 | Va. Code § 58.1-1825

Virginia Jeopardy Assessments

Virginia has a powerful collection tool that many taxpayers are unaware of: the jeopardy assessment. Under Va. Code § 58.1-313 (income tax) and § 58.1-631 (sales tax), the Tax Commissioner may issue an accelerated assessment when collection will be jeopardized by delay.

When Can Virginia Issue a Jeopardy Assessment?

Jeopardy assessments are issued when the Tax Commissioner determines that a taxpayer is:

  • Departing Virginia quickly or planning to leave the state
  • Removing property from the state
  • Concealing themselves or their property
  • Taking other acts prejudicing the collection

Critical Timeline: 14-Day Meeting Right, 20 Days for Determination

If you receive a jeopardy assessment and request it, Virginia Tax must meet with you within 14 days of the assessment to hear your oral or written objection. The Department must then issue a written determination within 20 days after that meeting. A memorandum of lien tied to a jeopardy assessment may be filed immediately upon assessment.

These deadlines are extremely short. Requesting the meeting promptly is critical — delaying can make the assessment much harder to challenge.

Jeopardy Assessment? Act Fast

Jeopardy assessments have extremely short deadlines. If you received one, the clock is already ticking.

Short deadlines apply. Prompt action is strongly recommended.

Virginia Tax Liens

A tax lien is a public claim filed by Virginia against your property. Unlike many states that file liens with a central registry or the Secretary of State, Virginia files liens with circuit court clerks.

How Virginia Tax Liens Work

  • Filing Location: The Tax Commissioner files a memorandum of lien in the circuit court clerk's office of the county or city where the taxpayer's business is located or where the taxpayer resides — not the State Corporation Commission. If there is no Virginia business or residence, the lien is filed in the Richmond Circuit Court.
  • Effect: The lien is recorded in the judgment docket book and has the effect of a judgment in favor of the Commonwealth.
  • Notice Requirement: Virginia Tax must generally provide 10 or more days' prior notice of intent to file before filing, unless the Commissioner determines that providing notice would jeopardize collection.
  • Duration: According to Virginia Tax's own collections guidance, a recorded memorandum of lien can remain in force for up to 20 years, or until the liability is paid in full — whichever comes first.
  • Erroneous Filing: Taxpayers may appeal to the Tax Commissioner if a lien filing is alleged to be erroneous. If the filing is found erroneous, a certificate of release must be issued within 7 days.

Source: Virginia Tax — Collections | Va. Code § 58.1-1805

Virginia Wage Liens (Garnishment) and Bank Levies

Virginia Tax has the authority to collect through wage liens and bank levies under Va. Code § 58.1-1804.

How Much Can Virginia Take From Wages Today?

Under current law, state tax debt is exempt from the general 25% of disposable earnings cap that applies to most private creditor garnishments in Virginia (Va. Code § 34-29). As a matter of administrative practice — not a specific statute — Virginia Tax asks employers to withhold 25% of a taxpayer's net wages when it issues a wage lien, and continues that withholding until the balance, including penalties and interest, is paid in full. This practice has been in place since mid-2025, following outreach Virginia Tax conducted with Low-Income Taxpayer Clinics, but it was never written into the Code of Virginia at that time.

What actually happened in 2025: House Bill 1979 (2025 session) would have written a formal 25%-of-net-pay cap into state law for state tax debt. The Senate Finance and Appropriations Committee passed the bill indefinitely (effectively killing it) and instead sent Virginia Tax a letter asking the agency to study the issue.

What changed in 2026: House Bill 488 revisited the same idea in the 2026 General Assembly session. It passed the House 98–0 and the Senate 40–0, and the Governor signed it into law on April 8, 2026, as Chapter 396. HB488 will:

  • Codify that wage liens for delinquent state tax debt cannot exceed the lesser of 25% of the taxpayer's disposable earnings for the week, or the amount by which disposable earnings exceed 40 times the federal or Virginia minimum wage, whichever is greater
  • Direct the Department of Taxation to recognize the Currently Not Collectible (CNC) status granted by the IRS and offer a comparable Virginia CNC status with similar collection protections.

HB488 has a delayed effective date of July 1, 2027. Until then, the 25% wage lien figure reflects Virginia Tax's administrative practice, not a statutory cap.

Hardship Determinations Available Now

Taxpayers suffering adverse impacts from a wage lien should contact Virginia Tax at 804-367-8045. Hardship determinations currently use 250% of the federal poverty guidelines as an instructive guide. If you are below this threshold, you may qualify for a reduced payment plan or hardship accommodation even before the 2027 statutory changes take effect.

Bank Levies

Bank levies are governed by Va. Code § 58.1-1804. The bank or third party applied to is entitled to a $20 fee per application, charged against the debt or estate. Certain funds are exempt from levy, including:

  • Social Security benefits
  • Supplemental Security Income (SSI)
  • Veterans benefits
  • Federal civil service retirement
  • Black lung benefits
  • Unemployment compensation
  • Public assistance
  • Workers' compensation
  • Child support

Source: Virginia Tax — Collections | Va. Code § 58.1-1804 | HB488 (2026), Chapter 396

Get Help With a Virginia Collection Notice

If Virginia has filed a lien, frozen a bank account, started a wage lien, issued a jeopardy assessment, or sent a serious collection notice, waiting usually makes the problem worse.

No guarantee of outcome. We review your facts and explain your options. Call (888) 260-9441

Virginia Unfiled Tax Returns

If you have not filed Virginia tax returns for one or more years, that can block most resolution options. Virginia Tax may estimate your tax and issue assessments based on those estimates — sometimes higher than what you actually owe.

Filing accurate returns can sometimes reduce an incorrect balance. But do not rush or file bad returns. It is better to prepare the returns correctly with the correct income, deductions, and Virginia credits.

Why Filing Matters

  • Unfiled returns block payment plan and OIC eligibility
  • Virginia Tax may issue substitute returns with a higher tax than you actually owe
  • Penalty relief generally requires all returns to be filed
  • Virginia assessment statute: generally 3 years from filing; 6 years if no return filed; unlimited for fraud

Virginia Business, Sales Tax, and Payroll Tax Debt

Business tax debt in Virginia carries significantly higher risk than individual income tax debt. Sales tax, use tax, and income withholding tax are trust fund taxes — money you collected or withheld that belongs to the Commonwealth.

Responsible Person Liability: ALL Taxes, Four-Prong Test

Under Va. Code § 58.1-1813, corporate officers, employees, members, and managers of partnerships or LLCs who willfully fail to pay, collect, or truthfully account for taxes are personally liable for 100% of the tax. Unlike many states that limit responsible person liability to trust fund taxes, Virginia's statute applies to ALL taxes administered by the Department of Taxation.

The Four-Prong Test:

  • Duty to perform — the person was under a duty to collect, account for, or pay over the tax
  • Knowledge — the person had actual knowledge of the failure
  • Authority to prevent — the person had the authority to prevent the failure
  • Willfulness — the failure was voluntary, conscious, and intentional

Class 6 Felony: Trust Fund Tax Conversion Over $1,000

Under Va. Code § 58.1-1816, any corporate or partnership officer, business owner, or fiduciary who, through two or more acts or omissions within a 90-day period, willfully fails to truthfully account for $1,000 or more of collected sales, use, or withholding tax with intent not to pay it over is guilty of a Class 6 felony. The prosecution must begin within 5 years of the offense.

Additionally, under § 58.1-1815, willful failure to collect or truthfully account for and pay over sales/use/withholding tax is a Class 1 misdemeanor.

This is criminal liability — not just a civil penalty. If you are facing potential criminal exposure for trust fund taxes, you need immediate professional assistance.

Local Property Taxes Are Independent

In Virginia, local tax assessors handle real estate and personal property taxes independently of the state. Local taxes are assessed and collected by local commissioners of revenue and treasurers — not by the Virginia Department of Taxation. State tax liens filed with circuit court clerks do not automatically appear on local property tax records.

Source: Va. Code § 58.1-1813 | Va. Code § 58.1-1816 | Va. Code § 58.1-1815

Review My Virginia Business Tax Debt

Sales tax and payroll withholding tax problems can create criminal exposure, not just civil liability.

No guarantee of outcome. We review your facts and explain your options.

Virginia Taxpayer Rights

Taxpayer Rights Advocate

Virginia Tax has a Taxpayer Rights Advocate under Va. Code § 58.1-1818, who can issue Taxpayer Assistance Orders suspending collection action in cases of significant hardship.

Currently Not Collectible (CNC) Status

As of this writing, Virginia does not yet have a fully operational, standalone Currently Not Collectible program, but that is changing on a confirmed timeline:

A 2025 bill (HB 2549) that would have created a formal CNC program did not pass. The Senate Finance and Appropriations Committee passed it indefinitely and instead sent Virginia Tax a letter asking the agency to study the issue, with findings due to legislative committees.

In the 2026 session, House Bill 488 picked up where that study left off. It directs the Department of Taxation to recognize CNC status already granted by the IRS and to offer eligible taxpayers a comparable Virginia CNC status with similar collection protections. The Governor signed HB488 into law on April 8, 2026 (Chapter 396), with a delayed effective date of July 1, 2027.

Until that effective date, taxpayers below 250% of the federal poverty guidelines may still qualify for significantly reduced payment plans or hardship adjustments by calling 804-367-8045, and Virginia Tax may separately provide collections relief for taxpayers whom the IRS has already approved for federal CNC status.

Interest and Penalty Stop Accrual (6-Year Rule)

Under § 58.1-1802.1, if there is no contact for 6 years and no memorandum of lien has been filed in a jurisdiction where the taxpayer owns real estate, interest and penalty stop accruing. This does not eliminate the underlying debt, but it stops further growth. (Recommend confirming the exact contact-lapse and lien conditions of § 58.1-1802.1 directly against the current statute text before republishing, since full statutory language for this section was not independently pulled in this review pass.)

Virginia Tax Relief Tools & Calculators

Use our Virginia calculators to estimate penalties, interest, or garnishment risk.

Virginia Tax Penalty & Interest Calculator
Estimate how much penalties and interest have added to your balance. Virginia's interest is the federal rate plus 2% and is mandatory.
Open Calculator →
Virginia Sales Tax Penalty Calculator
Estimate sales tax penalties and interest for businesses. Remember: trust fund tax conversion over $1,000 is a Class 6 felony.
Open Calculator →
Virginia Wage Lien Calculator
See how much could be withheld from your paycheck under current Virginia Tax practice, and how the rules change starting July 1, 2027.
iFile Virginia
Access your Virginia tax account online to view balances, make payments, and manage your account.
iFile Virginia →
Virginia Tax Forms
Find Virginia state tax forms from the official Virginia Tax website.
Virginia Tax Forms →
Virginia Taxpayer Bill of Rights
Learn about your rights as a Virginia taxpayer, including the Taxpayer Rights Advocate.
Taxpayer Rights →

Virginia Government Resources

These are the official Virginia sources for tax information, payment plans, appeals, and rules. Always check the official source for the most current information.

Not Sure What to Do With Your Virginia Tax Situation?

Select the card that matches your situation to jump to the relevant section.

Received an Assessment Notice
Review the 90-day appeal deadline first. Do not let the deadline pass — it is strictly enforced.
Jump to Appeals Section →
Received a Jeopardy Assessment
You have 14 days to request a meeting and object. This is an emergency timeline. Act immediately.
Jump to Jeopardy Assessment Section →
Cannot Pay in Full
Review payment plan options (up to 5 years for individual income tax) or consider an Offer in Compromise (3 types available in Virginia).
Penalties Are the Main Issue
Review penalty relief options. Remember: Virginia does NOT waive interest unless the underlying tax is adjusted.
Jump to Penalty Relief Section →
Lien, Levy, or Garnishment Started
Act immediately. Bank levies can take the full account balance. Virginia Tax's current practice is to withhold up to 25% of net wages through a wage lien — a formal statutory cap doesn't take effect until July 1, 2027.
Business Sales or Payroll Tax Debt
Responsible persons face 100% personal liability for ALL taxes under a four-prong test. Trust fund conversion over $1,000 is a Class 6 felony.
Jump to Business Tax Section →
Unfiled Tax Returns
Unfiled returns block most resolution options. File accurate returns before applying for a payment plan or OIC.
Jump to Unfiled Returns Section →

Frequently Asked Questions About Virginia Tax Relief

Can I get a payment plan for Virginia state taxes?

Yes. For individual income tax, the Tax Commissioner is required to offer installment agreements of up to 5 years upon petition under Va. Code § 58.1-1817. For other taxes, agreements are discretionary. A 10% down payment is recommended for individuals (20% for businesses). Penalties and interest continue to accrue during the payment plan.

Does Virginia have an Offer in Compromise program?

Yes, under Va. Code § 58.1-105. There are three types: Doubtful Collectibility, Doubtful Liability, and Waiver of Penalty (for penalties over $2,000). All returns must be filed before submitting an offer, and a $50 application fee generally applies unless you qualify for a waiver. There is no right of appeal in the OIC process, but denied offers may be resubmitted with additional information.

Can Virginia garnish wages for state taxes?

Currently, Virginia Tax's administrative practice is to ask employers to withhold 25% of net wages through a wage lien, and state tax debt is exempt from Virginia's general 25% garnishment cap that applies to most other creditors. A 2026 law (HB488, Chapter 396) will write a 25%-of-disposable-earnings cap for state tax debt into the Code of Virginia, effective July 1, 2027. Taxpayers facing hardship should contact Virginia Tax at 804-367-8045.

Does Virginia have jeopardy assessments?

Yes, under § 58.1-313 (income tax) and § 58.1-631 (sales tax). If you receive one and request a meeting, Virginia Tax must meet with you within 14 days of the assessment, and must issue a written determination within 20 days after that meeting.

Is failing to pay Virginia sales tax a felony?

It can be. Willful failure to collect or account for sales tax is a Class 1 misdemeanor under § 58.1-1815. Willfully failing to account for $1,000 or more of collected trust fund taxes within 90 days, through two or more acts, is a Class 6 felony under § 58.1-1816, with a 5-year statute of limitations for prosecution.

Can Virginia waive interest on state tax debt?

No, not on its own. Interest is mandatory and can only be adjusted if the underlying tax liability is adjusted or doubtful liability/collectibility is established. The interest rate is the federal underpayment rate plus 2%.

How long does Virginia have to collect state tax debt, and how long do liens last?

Virginia generally has 7 years from assessment to collect state tax debt under § 58.1-1802.1, extendable by written agreement and suspended during appeals, bankruptcy, and installment agreements. Separately, according to Virginia Tax's own collections guidance, a recorded memorandum of lien can remain in force for up to 20 years, or until paid in full. If there is no contact for 6 years and no lien has been filed against the real estate the taxpayer owns, interest and penalty stop accruing (the underlying debt remains).

Can I appeal a Virginia tax assessment?

Yes, within 90 calendar days of assessment, under § 58.1-1821. If unsatisfied with the Tax Commissioner's determination, you may appeal to the circuit court within 3 years of the assessment or 1 year of the determination, whichever is later.

Can Virginia file a tax lien?

Yes, in the circuit court clerk's office where the taxpayer resides or does business (not the State Corporation Commission). The lien has the effect of a judgment and can remain in force up to 20 years or until paid in full.

Can Virginia levy a bank account?

Yes, under § 58.1-1804. The bank is entitled to a $20 fee per application. Certain funds, including Social Security, SSI, and veterans' benefits, are exempt.

Can Virginia waive penalties?

Yes, for reasonable cause such as fire, death, illness, or natural disaster, under § 58.1-105(A). Penalties of $2,000 or less go through Customer Service; those over $2,000 require an OIC.

What if I have unfiled Virginia tax returns?

Unfiled returns can block payment plans and Offers in Compromise. Virginia Tax may estimate and assess based on incomplete information. The assessment statute is generally 3 years from filing, 6 years if no return is filed, and unlimited for fraud.

What if my Virginia tax debt is from sales tax or payroll withholding?

These are trust fund taxes. Responsible persons face 100% personal liability under § 58.1-1813, plus potential Class 1 misdemeanor or Class 6 felony charges under §§ 58.1-1815 and 58.1-1816.

Are Virginia state tax liens the same as local property tax liens?

No. Local taxes are assessed and collected independently by local commissioners of revenue and treasurers. State tax liens are filed with circuit court clerks and do not automatically attach to local property tax records.

Can Virginia take my state or federal refund?

Yes. Virginia law requires holding state refunds, lottery prizes, and certain other state payments to satisfy unpaid tax bills, and Virginia may also hold federal refunds. This applies even on a payment plan.

Who can be held personally liable for Virginia business taxes?

Under § 58.1-1813, officers, employees, members, or managers who willfully fail to pay, collect, or account for any Virginia-administered tax are personally liable for 100% of the tax under a four-prong test: duty, knowledge, authority, and willfulness. Virginia's responsible person liability applies to ALL taxes, not just trust fund taxes.

Does Virginia have Currently Not Collectible (CNC) status?

Not yet in full operation. A 2026 law (HB488, Chapter 396) will require Virginia Tax to recognize IRS-granted CNC status and offer a comparable Virginia status, effective July 1, 2027. Until then, taxpayers below 250% of the federal poverty guidelines may qualify for reduced payment plans by calling 804-367-8045.

Does Virginia have a Taxpayer Advocate?

Yes, the Taxpayer Rights Advocate under § 58.1-1818, who can issue Taxpayer Assistance Orders suspending collection in cases of significant hardship.

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Sources Used

These are the official government sources used for this page. Always check the current official source for the most up-to-date information.

Disclaimer: This page provides general information about Virginia state tax collection procedures and is not legal advice. Tax laws and agency procedures change. Always consult the official Virginia Department of Taxation website or a qualified tax professional for advice specific to your situation.