2022 Instructions for Schedule 500A Corporation Allocation and Apportionment of Income General Certified Company Apportionment for Business Conducted in Certain Disadvantaged Localities Allocation and Apportionment of Income For taxable years beginning on or after January 1, 2018, A corporation having income from business activity which is certain companies may decrease the amount of their taxable both within and without Virginia must allocate and income taxed by Virginia when they meet specific eligibility apportion its Virginia taxable income as provided in Va. Code requirements and are certified by the Virginia Economic §§ 58.1-407 through 58.1-420, 58.1-422, 58.1-422.1, 58.1- Development Partnership Authority (“VEDP”). This includes a 422.2, 58.1-422.3, or 58.1-422.4. requirement that a specified number of jobs be created and, if How Dividends are Allocated applicable, investments be made in particular disadvantaged localities. Dividends received to the extent they are included in Virginia taxable income are allocable to the state of commercial Once the company is certified by VEDP as meeting the domicile of the taxpaying corporation. “Commercial domicile” applicable eligibility requirements, it is entitled to decrease means the principle place from which the trade or business the amount of income taxed by Virginia. For multistate of the taxpayer is directed or managed. certified companies, the decrease in income is accomplished by allowing such companies to make modifications to their Corporation Taxable in Another State apportionment factors (“Certified Company Apportionment”). For purposes of allocation and apportionment of income under For instate certified companies, this is accomplished by Va. Code §§ 58.1-407 through 58.1-420, 58.1-422, 58.1-422.1, allowing such companies the ability to use apportionment 58.1-422.2, 58.1-422.3, or 58.1-422.4, a corporation is taxable and to use Certified Company Apportionment to make in another state if it is subject to a net income tax, a franchise modifications to their apportionment factors. See Schedule tax measured by net income, or a franchise tax for the privilege 500AP Instructions for detailed information. of doing business in such other state (Va. Code § 58.1-406). “State” means any state of the United States, the District of Schedule 500A Instructions Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country Enter the corporation's name and federal employer (Va. Code § 58.1-302). identification number. A corporation is not taxable in another state if that state is If the corporation is filing a consolidated or combined return, prohibited from imposing an income tax on the corporation check the box as indicated. The consolidated or combined because its business activity in the state does not exceed check box must also be marked on Form 500. If an entity minimum standards set forth in Public Law 86-272 (15 USC is electing to use the manufacturer's alternative method §§ 381-384). of apportionment or is required to use the retail company method of apportionment and is included in a consolidated Corporation Transacting or Conducting Entire or combined return, then the consolidated or combined Business Within This State check box must be checked. You must enclose a completed No corporation, whether chartered under the laws of Virginia Schedule 500A for each entity included in a combined filing. or the laws of another state, is entitled to use Schedule 500A Consolidated filings that include one or more entities using the where the entire business of the corporation was transacted manufacturer's or retailer's method of apportionment should or conducted within Virginia. also enclose a Schedule 500A for each entity. Consolidated If the entire business of a corporation was transacted or returns that do not include entities using the manufacturer's conducted within Virginia, the Virginia income tax is imposed or retailer's method of apportionment should enclose one upon the entire net income of the corporation for the taxable consolidated Schedule 500A and detailed apportionment year. The entire business of a corporation is deemed to have schedules for each company. been transacted or conducted within Virginia if the corporation If the corporation is certified by VEDP as eligible to use was not subject in any other state to a net income tax, a Certified Company Apportionment, check the box and enclose franchise tax measured by net income, or a franchise tax for the Schedule 500AP. Use the modified Virginia apportionment the privilege of doing business (Va. Code § 58.1-405). factor that was computed on Schedule 500AP, Column C to complete the Schedule 500A. See the instructions for Pass-Through Entities Schedule 500AP Instructions for additional information. S corporations, partnerships, and limited liability companies If the corporation is a property information and analytics will use Schedule 502A, rather than Schedule 500A, to firm that has entered into a memorandum of understanding determine the income from Virginia sources that will be passed with VEDP and meets the criteria outlined in Va. Code § to their owners. 58.1-422.4, check the appropriate box. See Page 5 of these instructions for additional information. Va. Dept. of Taxation 2601023 Rev. 09/22 Page 1 |
Apportionable Income after making the election. If a corporation fails to meet this requirement, it will be required to pay the difference between All income of the corporation except the class of income taxes calculated under standard apportionment and taxes allocable as specified in the instructions for Section B – Line 3 calculated under the election, as well as interest (Va. Code is apportioned to this state in accordance with items below § 58.1-422). (Va. Code § 58.1-408). Electing manufacturing corporations are permitted to use a single sales factor method of apportionment to apportion Section A – Apportionment Method Virginia taxable income. Line 1 – Motor Carriers Once a manufacturing corporation makes this election, it If a corporation is a motor carrier and an exception applies, generally may neither revoke such election for 3 taxable check the proper box for Exception 1 or Exception 2. See the years nor amend the return on which such election was made instructions for Section B, Line 1. to change its method of apportionment. The manufacturing company will be required to use the apportionment factor that Line 2 – Financial Corporations is effective at the time the modified apportionment method Check this box if the corporation is a financial corporation. election is made, and any apportionment factor that becomes Financial corporations must apportion income based on effective in the first 3 taxable years of the election. cost of performance in Virginia versus cost of performance Line 7(a). Enter the beginning date (mm/dd/yy) of the election everywhere. See the instructions for Section B, Line 1 for year. more information. Line 7(b). A taxpayer making this election must certify that the Line 3 – Construction Corporations average weekly wages of the full-time employees is greater Check this box if the corporation is a construction corporation than the lower of the state or local average weekly wages that has elected to report income on the completed contract for its industry, and that the average annual number of full basis. Construction corporations that have made this election time employees of the manufacturing company is at least must apportion income as provided in the instructions for 90% of the base year employment. Check the box certifying Section B, Line 1. that the company meets the requirements. The wage and employment certification box should be checked for each Line 4 – Railway Companies year the manufacturer's election is claimed. Check this box if the corporation is a railway company. Railway Manufacturer does not maintain wage and employment companies must determine their net apportionable income by A levels for modified apportionment method election. using revenue car miles. See the instructions for Section B, manufacturing company will be subject to additional tax Line 1 for more information. (recapture) and interest if the average weekly wage of its full- Line 5 – Retail Company Apportionment time employees is lower than the state or local weekly wage for its industry or its number of full-time employees do not equal Check this box if the corporation is a retail company. A retail or exceed 90% of its base year employment level. The amount corporation is required to apportion its income using a single of the recapture is equal to the difference between the tax sales factor method of apportionment. See the instructions that would have been due under the standard apportionment for Section B, Line 1 for more information. method and the amount of tax that was due using the modified Line 6 – Debt Buyers Apportionment apportionment method for each of the first 3 years in which Check this box if the corporation is a debt buyer with a taxable the average weekly wage of its full-time employees was year beginning on or after January 1, 2019. Certain debt lower than the state or local weekly wage for its industry or buyers are required to apportion their income using a single its number of full-time employees did not equal or exceed sales factor method of apportionment. See the instructions 90% of its base year employment level. The Department will for Section B, Line 1 for more information. generally assess the manufacturing company with the amount required to be recaptured and any interest due. However, a Line 7 – Manufacturer’s Modified Apportionment manufacturing company that fails, or anticipates that it will Method fail, to meet the wage and employment requirements may Check this box if a manufacturer is electing the modified file returns for the taxable years for which recapture would apportionment method. Visit the Department's website at be required, using the statutory apportionment method, www.tax.virginia.gov to download the guidelines for this and pay any taxes and interest due on such returns in lieu apportionment method. of waiting to receive an assessment of such amounts due from the Department. Such company must submit a written Which Manufacturers Qualify: An electing manufacturer explanation with its return detailing why it is changing to the must certify to the Department that the average weekly wages statutory apportionment method. of its full-time employees was greater than the lower of the state or local average weekly wages for the taxpayer’s industry If you file an amended return and voluntarily change your (Va. Code § 58.1-422). apportionment method because you anticipate that you will fail to meet the wage and employment requirements, file an In addition, the corporation must maintain 90% of the base amended return by completing a new return for the year of year level of employment in Virginia for the first 3 taxable years Page 2 |
adjustment using the corrected figures, as if it were the original to Virginia using the ratio of vehicle miles in this state to return. Do not make any adjustments to the amended return total vehicle miles everywhere. “Vehicle miles” means miles to show that you received a refund or paid a balance due as traveled by vehicles, owned or operated by the taxpayer, the result of the original return. Complete the Amended Return hauling property or carrying passengers for a charge or fare. section on Form 500, Page 1 and Schedule 500ADJ, Page 1. A carrier meeting either of the exceptions set forth below is not Line 8 – Enterprise Data Center Operation required to apportion income to Virginia (Va. Code § 58.1-417). In such cases a return must be filed but it is necessary only Check this box if you are an enterprise data center operation to enter the name and address on appropriate lines, enter that has entered into a memorandum of understanding a zero on Line 8a of the Form 500, check the appropriate with the VEDP to make a new capital investment of at least box(es) in Section A, Line 1, and complete Section B, Line 1 $150 million in an enterprise data center in Virginia. Such of Schedule 500A. enterprise data center operations are required to apportion Virginia taxable income using a single sales factor method Exception 1: A carrier that neither owns nor rents real of apportionment. or tangible personal property inside this state except vehicles, makes no pickups or deliveries inside this Line 9 – Multi-Factor Formula with Double-Weighted state, and travels no more than 50,000 “vehicle miles” Sales Factor inside this state; provided that the Virginia “vehicle Check if using the multi-factor apportionment formula miles” are less than 5% of total vehicle miles. with double-weighted sales factor. This includes property Exception 2:A carrier that neither owns nor rents real information and analytics firms that are permitted to use or tangible personal property inside this state except a hybrid sales factor. See Page 5 of these instructions for vehicles, and which makes no more than 12 round additional information. trips into this state during the taxable year, either hauling property or carrying passengers; provided Section B – Apportionment Computation that the Virginia “vehicle miles” are less than 5% of total vehicle miles traveled during the taxable year. Schedule 500AP Filers Prior to completing the Schedule 500A, companies certified Financial Corporations by VEDP as eligible to use Certified Company Apportionment A financial corporation is one that is not exempted from the and operating in qualified Virginia localities must complete imposition of tax under the provisions of Va. Code § 58.1-401, the Schedule 500AP to determine the Virginia modified which derives more than 70% of its gross income from the apportionment factor. Transfer the modified amount from the classes of income enumerated in items 1 through 4 below, applicable line of Schedule 500AP, Column C to Schedule without reference to the state where the income is earned, 500A, Column B, Line 1 (single factor computation) or Lines including, but not limited to, small loan companies, sales 2a-2c (multi-factor computation), as appropriate. Then, finance companies, brokerage companies, and investment complete all other lines on the Schedule 500A as described companies: in these instructions. 1. Fees, commissions, other compensation for financial Line 1 – Single Factor Computations services rendered; Check this box if using the single factor apportionment 2. Gross profits from trading in stocks, bonds, or other method. This includes motor carriers, financial corporations, securities; construction corporations, railway companies, retail 3. Interest; and companies, debt buyers, manufacturers who elected the modified apportionment method in Section A, and certain 4. Dividends that are included in Virginia taxable income. enterprise data center operations. In computing the amounts referred to in items 1 through 4 For taxpayers using the single factor computation, check above, any amount received by a member of an affiliated the appropriate box for your entity type in Section A, Lines group (determined under IRC § 1504(a), but without reference 1 through 8. Based on the appropriate computation method to whether any such corporation is an includible corporation for your entity type or election, enter the Total (Column A), under IRC § 1504(b)) from another member of such group, Virginia (Column B), and Percentage (Column C) amounts will be included only to the extent the amount exceeds related in Section B, Line 1. expenses of the recipient. For example: railway companies are to use the ratio of The Virginia taxable income of a financial corporation, as revenue car miles in Virginia to total revenue miles of the defined in Va. Code § 58.1-418, excluding income allocable corporation everywhere. under Va. Code § 58.1-407, shall be apportioned within and without this state in the ratio that the business within Virginia is Motor Carriers to total business of the corporation. Business within this state Motor carriers of property or passengers, using highways of shall be based on cost of performance in Virginia over cost of this state, must, unless they meet one of the two exceptions performance everywhere (Va. Code § 58.1-418). set forth below, apportion their net apportionable income Page 3 |
“Cost of Performance Factor” in accordance with the North American Industry Classification (a) The cost of performance is the cost of all activities directly System (NAICS), United States Manual, United States Office performed by the taxpayer for the ultimate purpose of Management and Budget, 1997 Edition, would be included of obtaining gains or profit, except activities directly in Sectors 44-45 (Va. Code § 58.1-422.1). performed by the taxpayer for the ultimate purpose of Debt Buyers obtaining dividends allocable under the provisions of Va. For taxable years beginning on and after January 1, 2019, Code § 58.1-407. debt buyers are required to apportion their Virginia taxable (i) Such activities do not include those performed on income using a single factor method of apportionment based behalf of a taxpayer, such as those performed by on sales. For debt buyers, only money recovered on a debt an independent contractor. that a debt buyer collected from a person who is a resident of (ii) The cost of performance does not include the Virginia or an entity that has commercial domicile in Virginia cost of funds (interest, etc.), but does include the will be apportioned to Virginia for income tax purposes. Sales cost of activities required to procure loans or other other than sales of tangible personal property are in Virginia financing. if they consist of money recovered on debt that a debt buyer collected from a person who is a resident of Virginia or an (b) Activities constituting the cost of performance are entity that has its commercial domicile in Virginia. This rule deemed performed at the situs of real and tangible applies regardless of the location of a debt buyer's business. personal property or the place at which or from which See the Department of Taxation’s Debt Buyer Apportionment activities are performed by employees of a taxpayer. Guidelines for more information. (c) Cost of performance of a financial institution within and Manufacturers Modified Apportionment Method without Virginia shall be determined without regard to the location of borrowers, location of property in which Use the single sales factor method of apportionment if you the financial corporation has only a security interest, or elected the Manufacturer’s Modified Apportionment Method in the cost to the financial corporation of the funds which Section A. Enter the Total (Column A), Virginia (Column B), it lends (23 Virginia Administrative Code (VAC) 10-120- and Percentage (Column C) amounts in the appropriate 250). column in Section B, Line 1. Construction Corporations Enterprise Data Center Operations Construction companies which have elected to report A taxpayer with an enterprise data center operation that income on the completed contract basis for federal income enters into a memorandum of understanding with the VEDP tax purposes must apportion income within and without this to make a new capital investment of at least $150 million in state in the ratio that the business within this state is to total an enterprise data center in Virginia is required to apportion business of the corporation. The business within and without Virginia taxable income using a single sales factor method this state is based upon “sales” as defined by Va. Code § of apportionment. 58.1-302, to the extent included in taxable income, and is Line 2 – Multi-Factor Computations determined as provided by Va. Code §§ 58.1-414 through Three-Factor Formula 58.1-419. All other construction companies must determine Virginia taxable income by reference to Va. Code §§ 58.1-406 Corporations that apportion income are generally required to through 58.1-416. use a three-factor formula of property, payroll, and double- weighted sales. The sum of the property factor, payroll factor, Railway Companies and twice the sales factor is divided by four to arrive at the final Railway companies must determine their net apportionable apportionment factor. See the specific instructions that follow. income to this state by multiplying Virginia taxable income Line 2(a). Property factor: The property factor is a of such company, excluding the income allocable under Va. fraction, the numerator of which is the average value of the Code § 58.1-407, by the use of the ratio of revenue car miles corporation’s real and tangible personal property owned in this state to total revenue car miles of the corporation and used or rented and used in this state during the taxable everywhere. year, and the denominator of which is the average value of “Revenue car mile” in the case of railway carriers of property all the corporation’s real and tangible property owned and or passengers means the movement of a unit of loaded car used or rented and used during the taxable year and located equipment a distance of 1 mile. The loaded car miles must everywhere; to the extent that such property is used to be determined in accordance with the Uniform System of produce Virginia taxable income and is effectively connected Accounts for Railroad Companies of the Interstate Commerce with the conduct of a trade or business within the United States Commission (Va. Code § 58.1-420). and income derived therefrom is includible in federal taxable Retail Companies income (Va. Code § 58.1-409). A retail corporation is required to apportion its income using a Property owned by the corporation is valued at its original cost single sales factor method of apportionment. For purposes of plus the cost of additions and improvements. Property rented this requirement, a retail company is defined as a domestic or by the corporation is valued at 8 times the annual rental rate foreign corporation that is primarily engaged in activities that, (Va. Code § 58.1-410). Page 4 |
The average value of property is determined by averaging the purchaser. Direct delivery in this state, other than for the value at the beginning and ending of the tax period, but purposes of transportation, to a person or firm designated by the Department may require the averaging of monthly values a purchaser, constitutes delivery to the purchaser in this state, during the tax period if reasonably required to reflect properly and such direct delivery outside this state to a person or firm the average value of the corporation’s property (Va. Code designated by the purchaser does not constitute delivery to § 58.1-411). the purchaser in this state, regardless of where title passes, Line 2(b). Payroll factor: The payroll factor is a fraction, or other conditions of sale (Va. Code § 58.1-415). the numerator of which is the total amount paid or accrued Sales, other than sales of tangible personal property, are in in this state during the tax period by the corporation for Virginia if: compensation, and the denominator of which is the total 1. the income-producing activity is performed in Virginia compensation paid or accrued everywhere during the tax (Va. Code § 58.1-416 A 1); or period; to the extent that such payroll is used to produce Virginia taxable income and is effectively connected with the 2. the income-producing activity is performed in and conduct of a trade or business within the United States and outside of Virginia and a greater proportion of this income derived is includible in federal taxable income (Va. activity is performed in Virginia than in any other state, Code § 58.1-412). based on costs of performance (Va. Code § 58.1-416 A 2). “Compensation” means wages, salaries, commissions, and any other form of remuneration paid or accrued to employees Hybrid Sales Factor for Certain Property Information and for personal services (Va. Code § 58.1-302). Analytics Firms Compensation is paid or accrued in this state if: Qualified property and analytics firms may source sales of services using market-based sourcing but must otherwise (a) the employee’s service is performed entirely within follow the standard three-factor apportionment formula with the state; or sales weighted twice. Under market-based sourcing, sales (b) the employee’s service is performed both within and of services are in the Commonwealth if they are derived without the state, but the service performed without from transactions with a customer or client who receives the state is incidental to the employee’s service within the benefit of the services in the Commonwealth. This rule the state; or will apply regardless of the location of the firm’s business (c) some of the service is performed in the state and: operations. All other sales continue to be sourced based on cost-of-performance. Be sure the box at the top of the form is (i) the base of operations or, if there is no base of checked to indicate the company qualifies to use the hybrid operations, the place from which the service is sales factor to calculate apportionable sales. directed or controlled is in the state; or Prior to using the hybrid sales factor on the return, companies (ii) the base of operations or the place from which the must enter into a Memorandum of Understanding with the service is directed or controlled is not in any state Virginia Economic Development Partnership. A qualified in which some part of the service is performed, property information and analytics firm is an entity and its but the employee’s residence is in this state affiliated entities that as of January 1, 2022, is primarily a (Va. Code § 58.1-413). commercial real estate information and analytics firm with a Line 2(c). Sales factor: The sales factor is a double-weighted location in an eligible city and that between January 1, 2022, element in the three-factor formula of sales, property, and and January 1, 2029, is expected to: payroll. The sales factor is a fraction, the numerator of which (i) make or cause to be made a capital investment in an is the total sales of the corporation in this state during the tax eligible city of at least $414.45 million and period, and the denominator of which is the total sales of the corporation everywhere during the tax period, to the extent (ii) create at least 1,785 new jobs with average annual that such sales are used to produce Virginia taxable income wages of at least $85,000 per job. and are effectively connected with the conduct of a trade Property information and analytics firms using the hybrid or business within the United States and income derived is sales factor must include with their income tax returns a includible in federal taxable income (Va. Code § 58.1-414). computation (pro forma return) showing the tax under the “Sales” means all gross receipts of the corporation other old method. The documentation must include information than dividends; except that in the case of the sale or other regarding market-based sourcing for services as compared disposition of intangible property only the net gain is included. to cost of performance, including the amounts of the Net gain is determined on a per transaction basis (Va. Code property, payroll, and sales factors under both methods; the § 58.1-302). apportionment percentages under both methods; and the Sales of tangible personal property are in this state if the amount of tax calculated under both methods. See Va. Code property is received in this state by the purchaser. In the § 58.1-422.4. case of delivery by common carrier or other means of Line 2(d). Double-Weighted Sales Factor Apportionment: transportation, the place at which such property is ultimately Multiply Line 2c by 2 and enter the result. received after all transportation has been completed is considered the place at which such property is received by Page 5 |
Line 2(e). Sum of Percentages: Add Lines 2(a), 2(b), and Alternate Method of Allocation or Apportionment 2(d) for the standard multistate factor with double-weighted sales. If any corporation believes that the method of allocation or apportionment administered by the Department will subject Line 2(f). Multi-Factor Percentage (Double-Weighted it to taxation on a greater portion of its net income than is Sales): Line 2(e) divided by the number 4 (double-weighted reasonably attributable to business or sources within this sales) reduced by the number of factors, if any, having no state, it is entitled to file with the Department a statement of denominator. Standard apportionable income is apportioned its objections and of such alternative method of allocation by multiplying the income by a fraction, the numerator of which or apportionment as it believes to be proper under the is the property factor plus the payroll factor, plus 2 times the circumstances with such detail and proof and within such sales factor, and the denominator of which is 4. time as the Department may reasonably prescribe. If the Line 3 – Income Subject to Virginia Tax Department concludes that the method of allocation or Line 3(a). Virginia Taxable Income: Enter Virginia taxable apportionment employed is, in fact, inapplicable or inequitable, income from Form 500, Line 7. it shall redetermine the taxable income by such other method of allocation or apportionment as seems best calculated to Line 3(b). Total Dividends: Enter the total amount of allocable assign to the state for taxation the portion of the income dividends (allocated to business's commercial domicile). reasonably attributable to business and sources within the Line 3(c). Nonapportionable Investment Function Income: state, not exceeding, however, the amount which would be Enter nonapportionable investment function income from arrived at by application of the statutory rules for allocation Form 500, Line 8(c). or apportionment (Va. Code § 58.1-421). Line 3(d). Subtotal: Add Lines 3(b) and 3(c). A corporation requesting permission to use an alternative method of allocation or apportionment of income must Line 3(e). Nonapportionable Investment Function Loss: comply with Virginia Corporation Income Tax Regulation Enter nonapportionable investment function loss from Form 23 VAC 10-120-130. The policy of the Department is that the 500, Line 8(d). statutory method is the most equitable method of determining Line 3(f). Total Nonapportionable Income: Subtract the portion of a multistate corporation’s income that is Line 3(e) from Line 3(d). attributable to business activity in Virginia. Permission to use Line 3(g). Income Subject to Apportionment: Subtract an alternative method of allocation and apportionment will be Line 3(f) from Line 3(a). granted only in extraordinary circumstances. Line 3(h). Income Apportioned to Virginia: Multiply the percentage on Line 1 or Line 2(f), whichever applies, by Line For additional information call (804) 367-8037 or write 3(g). to Virginia Department of Taxation, P.O. Box 1115, Richmond, VA 23218-1115. You can obtain most Virginia Line 3(i). Dividends Allocated to Virginia: Enter the amount income tax forms at www.tax.virginia.gov. of dividends, included in Line 3(b), allocated to Virginia. Dividends received to the extent included in Virginia taxable income are allocable to the state of commercial domicile of the taxpaying corporation. “Commercial domicile” means the principal place from which the trade or business of the taxpayer is directed or managed (Va. Code § 58.1-407). Line 3(j). Income Subject to Virginia Tax: Add Lines 3(h) and 3(i). Enter on Form 500, Line 8(a). Page 6 |