The Statute of Limitations for an Amended Return in Virginia
The Virginia Department of Taxation has several different time frames in which you must file an amended state income tax return, but the time you have to file corrections with the state varies depending on the reason the amendment is required.
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Amended Federal Return
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If you amend your IRS federal tax return and the amendment results in a change that affects your Virginia state return, you must amend your state return to reflect the changes. Generally, a federal amendment that changes your federal taxable income will cause a change in your state income as Virginia income tax returns are based off your federal taxable income. The Virginia Department of Taxation allows you to file your corrected state tax return within one year from the date you file your federal amended return.
Federal Audit
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If the IRS audits your federal tax return for any tax year and the audit results in a change in taxable income, you must follow the same Virginia rules as if you filed your own federal amendment. You must amend your state return within one year from the date the IRS closes your federal audit. Generally, if the IRS audits your tax return, the exam must be completed within three years from the date you filed your return.
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Regular Claim for Refund
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If you file a state amendment to claim an additional refund, and the correction is not the result of a federal amendment or audit, you have three years from the date you filed your original state return to claim the additional refund. If you previously filed a state amendment or paid a state assessment, you have two years from the date you filed the corrected return or paid the assessed tax to request an additional refund.
Filing Your State Amendment
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To file a Virginia amended return you must use state Form 706 and complete the return as you would an original return. Fill in the "Amended Return" oval on the first page of Form 706 and indicate the correct amounts on the return. Do not alter your entries to compensate for refunds or tax paid on your previously filed original return. If your Virginia amended return shows you are due a refund, mail Form 706 to:
Virginia Department of Taxation
P.O. Box 1498
Richmond, VA 23218-1498
If your Virginia amended return shows you owe additional tax, mail Form 706 with your payment to:
Virginia Department of Taxation
P.O. Box 760
Richmond, VA 23218-0760
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