58.1-475 - Penalty for failure to withhold. - Virginia Statutes

§ 58.1-475. Penalty for failure to withhold.

A. Any employer required under the provisions of this article to deduct andwithhold from wages and make returns and payments of amounts withheld to theTax Commissioner, who fails to withhold such amounts or to make such returns,or who fails to remit amounts collected to the Tax Commissioner, or otherwisefails to remit to the Tax Commissioner as required by this article, shall besubject to a penalty equal to six percent of the amount that should have beenproperly withheld and paid over to the Tax Commissioner if the failure is fornot more than one month, with an additional six percent for each additionalmonth or fraction thereof during which such failure continues, not exceedingthirty percent in the aggregate. In no case however, shall the penalty beless than ten dollars and such minimum penalty shall apply whether or not anytax is due for the period for which the filing of such return was required.

Interest at a rate determined in accordance with § 58.1-15, shall accrue onthe tax until paid, or until an assessment is made, after which interestshall accrue as provided in § 58.1-15. Such penalty and interest shall beassessed by the Tax Commissioner and shall be collected by him in the samemanner as the collection of taxes may be enforced under this title.

B. Upon failure of any employer to pay over any amounts withheld or requiredto be withheld by the employer under this article, the Tax Commissioner maymake assessments and enforce the collection of such amounts, includingpenalties, by any legal process provided for the enforcement of thecollection of taxes under this title.

(Code 1950, § 58-151.13; 1962, c. 612; 1968, c. 12; 1970, c. 540; 1972, c.827; 1973, c. 279; 1974, c. 636; 1975, c. 49; 1977, cc. 396, 663; 1981, c.283; 1984, c. 675; 1991, cc. 316, 331.)