Legal Question in Tax Law in Virginia

Re: Personal Property Tax Statute of Limitations

The statute of limitation provision for Virginia

is attached. Good luck. I hope your timing

is good. If you continue to have a problem

you can contact us and perhaps we can be of

assistance.

1 of 1 DOCUMENT

CODE OF VIRGINIA

Copyright (c) 2001 by Matthew Bender & Company, Inc.

a member of the LexisNexis Group.

All rights reserved.

*** THIS DOCUMENT IS CURRENT THROUGH ALL 2001 LEGISLATION ***

*** ANNOTATIONS CURRENT THROUGH SEPTEMBER 14, 2001 ***

TITLE 58.1.� TAXATION

SUBTITLE III.� LOCAL TAXES

CHAPTER 39.� ENFORCEMENT, COLLECTION, REFUNDS, REMEDIES AND REVIEW OF LOCAL TAXES

ARTICLE 3.� COLLECTION BY DISTRESS, SUIT, LIEN, ETC

GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

Va. Code Ann. � 58.1-3940 �(2001)

� 58.1-3940.� Limitation on collection of local taxes

� �A.�Except as otherwise specifically provided, collection of local taxes shall only be enforceable for five years following December 31 of the year for which such taxes were assessed.

B.�Real property taxes shall be enforceable by sale under Article 4 (� 58.1-3965 et seq.) of the property on which such taxes were assessed and by other means permitted under this chapter for twenty years after December 31 of the year for which such taxes were assessed, provided that whenever taxes or portions of taxes that would otherwise be due have been deferred pursuant to an ordinance enacted in conformity with Article 2 (� 58.1-3210 et seq.) or Article 2.1 (� 58.1-3219 et seq.) of Chapter 32 of this title, the statute of limitations provided by this subsection shall be tolled with respect to taxes deferred during the pendency of such deferral.

C.�Nothing in this section shall affect a judgment lien resulting from a suit to collect taxes.

D.�The statutes of limitations established by this section shall be tolled, with respect to any tax obligation or tax lien not discharged or otherwise relieved or rendered unenforceable pursuant to applicable law, for any period during which all or substantially all of the assets or estate of the taxpayer are subject to the control or custody of any court or receiver, including without limitation any United States Bankruptcy Court.

HISTORY: Code 1950, � � 58-967, 58-1019, 58-1021; 1971, Ex. Sess., c. 6; 1984, c. 675; 1994, c. 209; 1996, c. 323; 1998, c. 648.