Instructions for 2022 Schedule 500CR Credit Computation Schedule for Corporations Table of Contents Tax Credit Page Tax Credit Page Neighborhood Assistance Act (NAA) Tax Credit .............. 2 Farm Wineries and Vineyards Tax Credit ........................ 6 Enterprise Zone Act Tax Credit ........................................ 2 International Trade Facility Tax Credit ............................. 6 Conservation Tillage Equipment Tax Credit ..................... 2 Port Volume Increase Tax Credit ..................................... 6 * Biodiesel and Green Diesel Fuels Tax Credit .................. 2 Barge and Rail Usage Tax Credit .................................... 7 Precision Fertilizer and Pesticide Application Livable Home Tax Credit ................................................. 7 Equipment Tax Credit ...................................................... 2 Research and Development Expenses Tax Credit .......... 8 Recyclable Materials Processing Equipment Tax Credit ... 3 Major Research and Development Expenses Tax Credit .... 9 * Clean-Fuel Vehicle and Vehicle Emissions Testing Education Improvement Scholarships Tax Credit ............ 9 Equipment Tax Credits .................................................... 3 Food Crop Donation Tax Credit ....................................... 9 Major Business Facility Job Tax Credit ............................ 3 Worker Training Tax Credit ............................................ 10 Historic Rehabilitation Tax Credit ..................................... 4 Virginia Housing Opportunity Tax Credit ........................ 10 * Waste Motor Oil Burning Equipment Tax Credit .............. 4 Coalfield Employment Enhancement Tax Credit ............11 Riparian Forest Buffer Protection for Waterways Credit .. 4 * Motion Picture Production Tax Credit .............................11 Land Preservation Tax Credit .......................................... 5 Agricultural Best Management Practices (BMP) Credit ... 12 Virginia Coal Employment and Production Incentive Credit ...5 Conservation Tillage and Precision Agriculture Community of Opportunity Tax Credit .............................. 5 Equipment Tax Credit .................................................... 12 Green Job Creation Tax Credit ........................................ 6 * Credits marked with an asterisk require supporting documentation that must be submitted with the tax return. General Information Complete Schedule 500CR if you are claiming one or more If the total of your nonrefundable credits exceeds the of the credits listed in the Table of Contents above. Credits balance of the maximum nonrefundable credit available, the marked with an asterisk (*) require supporting documentation following rules will ensure that you receive the maximum with the return in order to claim the credit. When claiming a benefit of your credits: credit that requires documentation, you will need to attach • Nonrefundable credits without a carryover provision a PDF of the documentation when filing electronically. If are claimed first. you are filing by paper and claiming a credit that requires documentation, the information must be enclosed with the • Carryover credits must be fully used before any 2022 return. Missing enclosures may cause delays in processing credits (current year credits) are allowed. the return and may cause a credit to be disallowed. • To maximize allowable credit, carryover credits may Many Virginia tax credits may not be claimed on your return be claimed in their order of expiration, regardless of until after you have submitted an application and have been the order shown on Schedule 500CR. notified in writing that you are allowed to claim the credit. If Information for PTE Owners – Form PTE your return is due and you have not yet been notified, you Form PTE, Virginia Pass-Through Credit Allocation, must be have the option to either: filed with the Tax Credit Unit to allocate certain tax credits to • Pay at least 90% of your tax liability by the return due owners before they can be claimed by the owners on their date and file your return on extension after receiving Virginia income tax returns. See Form PTE for a list of those notification, or credit types. Form PTE must be filed with the Tax Credit Unit • File your return by the due date without claiming the by the pass-through entity within 30 days of certification of credit, and file an amended return after you have the credit but at least 90 days prior to the participants filing received notification. their income tax returns. See Form PTE for more information about allocating credits to participants. Va. Dept. of Taxation 2601124-22 Rev. 09/22 Page 1 |
Neighborhood Assistance Act Tax Credit Conservation Tillage Equipment Tax Credit The Virginia Neighborhood Assistance Tax Act provides The Conservation Tillage Equipment Tax Credit expired tax credits to businesses that donate money, marketable January 1, 2021. For taxable years beginning on and after securities, property, limited professional services, and January 1, 2021, taxpayers will no longer be able to earn the contracting services directly to pre-approved Neighborhood Conservation Tillage Equipment Tax Credit. Credits earned Assistance Program organizations whose primary function is in prior taxable years may be carried forward for 5 years. to provide educational or other qualified services for the benefit Taxpayers formerly eligible for this credit may be eligible of low income families. Licensed veterinarians, physicians, for the new Conservation Tillage and Precision Agriculture dentists, nurses, nurse practitioners, physician assistants, Equipment Tax Credit. See the description found later in optometrists, dental hygienists, professional counselors, these instructions for information on the new credit. clinical social workers, clinical psychologists, marriage and family therapists, physical therapists, chiropractors, pharmacists, and physician specialists or mediators who * Biodiesel and Green Diesel Fuels Tax Credit donate their services for an approved organization may be Beginning on January 1, 2008, a credit is available for Virginia eligible for tax credits. In addition, a trust or a fiduciary for biodiesel and green diesel fuel producers who produce a trust, may receive a tax credit for a donation made to an up to 2 million gallons of fuel per year. This credit is only approved organization. The amount of credit attributable to a available during the first 3 years of production. Taxpayers partnership or S corporation must be allocated to the partners may claim a nonrefundable credit against their tax liability for and shareholders in proportion to their ownership or interest the production of these fuels. To claim the tax credit, enclose in the partnership or S corporation. Any unused tax credits a copy of the certificate from the Department. may be carried forward for the next 5 taxable years. For a list of approved organizations or additional information, write to: Form BFC is used to apply to the Department for a Biodiesel Virginia Department of Social Services, Neighborhood Fuels Credit after the Virginia Department of Energy has Assistance Program, 801 E. Main Street, Richmond, VA certified that you have satisfied all of the requirements of Va. 23219-3301 or the Virginia Department of Education, Code § 58.1-439.12:02. 23rd Floor, P.O. Box 2120, Richmond, VA 23218-2120, The amount of the credit is $0.01 per gallon, not to exceed ATTN: Neighborhood Assistance Tax Credit Program for $5,000 annually. Any credit not used for the taxable year Education , or email tax.credits@doe.virginia.gov. may be carried over to the next 3 taxable years. The amount of the credit allowed cannot exceed the tax liability for the Enterprise Zone Act Tax Credit taxable year in which the credit is being claimed. This credit expired June 30, 2019. Only Enterprise Zone The credit may be transferred to another taxpayer. The Real Property Investment Tax Credit carryover amounts transfer of the credit must be completed before the end of a from prior years may be claimed. Use the worksheet below taxable year in order to use the credit for that taxable year. to determine the carryover amount that can be used on this Enclose the letter of certification from the Virginia Department year’s tax return. Enclose the computation with the return. of Taxation authorizing the credit with your return. For more information, write to: Virginia Department of Taxation, Tax Line A: Credit carried over from prior years: Credit Unit, P.O. Box 715, Richmond, VA 23218-0715, or $ ______________ .00 call (804) 786-2992. Line B: Allowable credit: Enter the amount from Line A Precision Fertilizer and Pesticide Application or the maximum credit allowed: Equipment Tax Credit $ ______________ .00 The Precision Fertilizer and Pesticide Equipment Application Line C: Amount to be carried over to next year (subtract Tax Credit expired January 1, 2021. For taxable years Line B from Line A) beginning on and after January 1, 2021, taxpayers will $ ______________ .00 no longer be able to earn the Precision Fertilizer and Pesticide Application Equipment Tax Credit. Credits earned Enter the allowable credit from Line B of the worksheet in in prior taxable years may be carried forward for 5 years. Section 1, Line 3A of the Schedule 500CR. Taxpayers formerly eligible for this credit may be eligible for the Conservation Tillage and Precision Agriculture For additional information, write to: Virginia Department Equipment Tax Credit. See the description found later in of Housing and Community Development, Community these instructions for information on the credit. Revitalization Office, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, call (804) 371- 7171, or email ezone@dhcd.virginia.gov. Page 2 |
Recyclable Materials Processing Equipment certification from the Tax Credit Unit to be claimed on your Tax Credit tax return. For form assistance, contact the Tax Credit Unit at the address above or call (804) 786-2992. Recyclable Materials Processing Equipment Tax Credit: Alternative Recycling Credit (Expired – Only Carryover For taxable years beginning on or after January 1, 1999, Allowed): The 1998 General Assembly passed legislation and before January 1, 2025, an income tax credit may be creating an alternative recycling tax credit for corporations claimed for purchases made during the taxable year for: investing at least $350 million in Virginia before January (i) machinery and equipment used predominantly in or 1, 2003. Any unused credit may be carried forward for the on the premises of manufacturing facilities or plant next 20 years. A qualified taxpayer may claim either the units which manufacture, process, compound or Recyclable Materials Processing Equipment Credit or the produce items of tangible personal property from Alternative Recycling Credit but not both. The maximum recyclable materials within the Commonwealth, for amount of the Alternative Recycling Credit carryover that sale, and may be claimed is 60% of the Virginia income tax liability. If (ii) machinery and equipment used predominantly in or claiming this alternative credit, enter the carryover from prior on the premises of facilities that are predominantly year(s) in Part 7 on Line B of Schedule 500CR and 60% of engaged in advanced recycling. the corporation income tax on Line D of Part 7 of Schedule 500CR. “Advanced recycling” means the operation of a single- stream or multi-stream recycling plant that converts waste Clean-Fuel Vehicle and Vehicle Emissions * materials into new materials for resale by processing Testing Equipment Tax Credits them and breaking them down into their raw constituents. “Advanced recycling” includes the operation of a materials The Clean-Fuel Vehicle Credit is no longer allowed on the recovery facility or materials reclamation facility that Virginia return. Only carryover credits from prior years are receives, separates, and prepares recyclable materials for allowed. Previously, taxpayers were permitted to claim the sale to end-user manufacturers. Clean-Fuel Vehicle Credit based on the federal deduction For the purpose of determining “purchase price paid,” the allowed under IRC § 179A or the federal credit allowed taxpayer may use the original total capitalized cost of such under IRC § 30. Since both of these federal provisions have machinery and equipment, less capitalized interest. been repealed, taxpayers may no longer claim the Virginia Clean-Fuel Vehicle Credit. The credit is 20% of such expenditures and cannot exceed 40% of the taxpayer’s Virginia income tax liability for the The Vehicle Emissions Testing Equipment Tax Credit is 20% year, computed prior to computing the credit. Any amount of the purchase or lease price paid during the taxable year unused this year may be carried forward for the next 10 for equipment certified by the Department of Environmental taxable years. Quality (DEQ) for vehicle emissions testing within a locality that is required by law to implement an enhanced vehicle The total amount of credit approved for any fiscal year may emissions inspection program or within any locality adjacent not exceed $2 million. If the amount of tax credits approved to those localities required to implement the program. under this section by the Department of Taxation for any fiscal year exceeds $2 million, the Department will apportion The Department of Taxation does not require you to the credits by dividing $2 million by the total amount of submit a specific tax form to claim the Vehicle Emissions tax credits so approved, to determine the percentage of Testing Equipment Tax Credit. Instead, enclose a copy of otherwise allowed tax credits each taxpayer will receive. your Air Check Virginia Station Participation and Services Agreement or a copy of the Northern Virginia Analyzer The Virginia Department of Environmental Quality (DEQ) Equipment Certification with the Schedule 500CR. For a administers the certification of all recycling machinery and copy of your service agreement, contact Opus Inspection equipment. To allow adequate time for the recycling material at (703) 822-7587. Only expenses listed in the agreement, and equipment to be certified by DEQ, submit a completed or dynamometers purchased or leased separately are Form DEQ 50-11S to DEQ by March 1. Submit your credit eligible. You may obtain a copy of the Analyzer Equipment application, including the certification you receive from DEQ, Certification by contacting Air Check Virginia at (703) 583- to the Department of Taxation by June 1, using Form RMC. 3800. Submitting a late application will disqualify you from the credit. All approved applicants filing a timely Form RMC will You should retain documentation to support your claim for be notified of the allowable credit by September 1. the tax credit because an audit may be conducted to verify any credit claimed under these provisions. For additional information on how to qualify for certification, contact the Department of Environmental Quality, Major Business Facility Job Tax Credit Equipment Certification Officer, P.O. Box 1105, Richmond, VA 23218 or call (804) 971-2132. For taxable years beginning on and after January 1, 1995, but before July 1, 2025, individuals, estates, All applications, Forms RMC, must be submitted to the trusts, corporations, banks, insurance companies, and Virginia Department of Taxation, Tax Credit Unit, P.O. telecommunications companies may claim a Virginia tax Box 715, Richmond, VA 23218-0715. This credit requires credit if the taxpayer creates at least 50 new full-time jobs in Page 3 |
connection with the establishment or expansion of a major Historic Rehabilitation Tax Credit business facility or if the company is engaged in a qualifying industry in Virginia and creates at least 50 new full-time jobs Individuals, estates, partnerships, trusts, or corporations, in Virginia. If a taxpayer is located in an enterprise zone incurring eligible expenses in the rehabilitation of a certified or in an economically distressed area (as defined by the historic structure are entitled to claim a credit against Virginia Economic Development Partnership), the threshold individual income tax, fiduciary income tax, corporation is reduced from 50 to 25. Credits will be recaptured income tax, the bank franchise tax, and taxes imposed proportionately if employment decreases during the 5 years against insurance companies and utility companies. The following the initial credit year. credit is equal to 25% of eligible rehabilitation expenses. To qualify for this credit, the cost of the rehabilitation must Qualifying industries include: (1) manufacturing or mining; equal at least 50% (25% if the building is an owner-occupied (2) agriculture, forestry or fishing; and (3) transportation residence) of the assessed value of the building for local and telecommunications companies. A major business real estate tax purposes in the year preceding the start of facility includes a headquarters or portion of such a facility the rehabilitation. For taxable years beginning on and after located in Virginia, where the majority of the company’s January 1, 2017, the amount of the Historic Rehabilitation financial, personnel, legal, or planning functions are handled Tax Credit that may be claimed by each taxpayer, including either on a regional or national basis. A major business carryover amounts, may not exceed $5 million for any facility shall also include facilities located in Virginia that taxable year. The rehabilitation work must be certified by the perform a central management or administrative function Virginia Department of Historic Resources as consistent with for other establishments of the same enterprise such as the Secretary of the Interior’s Standards for Rehabilitation. general management, accounting, computing, tabulating, The request for certification of the completed project must be data processing, purchasing, transportation or shipping, submitted within 1 year of the completed work. Any unused engineering and systems planning, advertising, legal, credit may be carried forward for 10 years. Applications for financial, and research and development. participation in the program may be obtained by contacting This nonrefundable credit is equal to $1,000 per qualifying the Virginia Department of Historic Resources, 2801 new job in excess of the 50/25 job threshold and is spread Kensington Avenue, Richmond, VA 23221, calling (804) over 2 years for taxpayers whose initial credit year begins on 482-6446, or visiting www.dhr.virginia.gov/tax-credits/. or after January 1, 2009. The credit only applies to facilities where an announcement to expand or establish such a * Waste Motor Oil Burning Equipment Tax Credit facility was made on or after January 1, 1994. The credit must be claimed beginning with the taxable year following A business that operates a facility in Virginia which accepts the year in which the facility is established or expanded, or waste motor oil from the public is allowed a tax credit equal the new qualifying jobs are added. to 50% of the purchase price paid for equipment for the taxable year provided that the equipment is used exclusively Any amount unused this year may be carried forward for burning waste motor oil at the business facility. The for the next 10 taxable years. Credits will be recaptured total credit allowed to any taxpayer in any taxable year is proportionately if employment decreases during the 5 years limited to $5,000. Taxpayers successfully applying for the following the initial credit year. If employment decreases equipment certification with the Virginia Department of below the threshold, the entire credit will be recaptured. Environmental Quality by filing Form DEQ 50-12 will receive All pass-through entities must complete Form PTE within a statement from that agency certifying that the equipment 30 days of certification, but at least 90 days before the is used for burning waste motor oil. To claim the tax credit, participants file their income tax return. If the participant’s enclose a copy of DEQ Form 50-12 and receipts, invoices, income tax return is due before the Form 502 is filed, they or other documentation to confirm the purchase price paid. must file an amended return to claim the credit or file for an For additional information concerning equipment qualifying extension. for the credit or to apply for tax credit certification, write to: Taxpayers may qualify for the Major Business Facility Job Virginia Department of Environmental Quality, Tax Credit even if they have also received an Enterprise Attention: Equipment Certification Officer, P.O. Box Zone Job Creation Grant. However, qualified business firms 1105, Richmond, VA 23218, or call (804) 971-2132. are not eligible to receive both an Enterprise Zone Job Riparian Forest Buffer Protection for Waterways Creation Grant and a Major Business Facility Job Tax Credit for the same jobs. Tax Credit To apply for this credit, complete Form 304. All applications Individuals and corporations may qualify for an income tax must be submitted to the Virginia Department of Taxation, credit of 25% of the value of the timber on an area designated Tax Credit Unit, P.O. Box 715, Richmond, VA 23218-0715, as a riparian buffer for a waterway. The credit may not 90 days prior to the due date of your return. A letter will exceed $17,500 or the total amount of tax, whichever is less. be sent to certify the credit. To claim the credit you must To apply for this credit, file Department of Forestry (DOF) complete Schedule 500CR, Section 1, Part 9. Form 18.8 with DOF or apply online at www.dof.virginia. gov. If you are approved for this credit, DOF will send you a Tax Credit Certificate. Page 4 |
A riparian buffer is land adjacent to a waterway on which against a tax liability shall not create gain or loss for the timber may be harvested. In order to receive the credit, the transferor or the transferee. owner of such land must refrain from harvesting more than Before claiming the credit, complete and file Form LPC-1 50% of such timber. The buffer must be at least 35 feet wide and/or Form LPC-2 with the Department of Taxation and no more than 300 feet. There must be a Stewardship at least 90 days before filing your income tax return. For Plan and annual certification of compliance for each tract. land or an interest in land conveyed before January 1, The buffer must remain in place for at least 15 years. The 2020, no credit will be allowed unless a completed credit land that is the subject of this credit cannot be the subject application with regard to such conveyance has been filed of this credit again for 15 years after it was first taken. The with the Department of Taxation by December 31 of the 3rd credit may be carried over for the succeeding 5 taxable year following the calendar year of the conveyance. For a years. For more information, write to: Virginia Department conveyance made on or after January 1, 2020, no credit will of Forestry, 900 Natural Resources Drive, Suite 800, be allowed unless a completed credit application with regard Charlottesville, VA 22903, or call (434) 977-6555. to such conveyance has been filed with the Department by December 31 of the 2nd year following the calendar year Land Preservation Tax Credit of the conveyance. Additionally, applicants filing for tax This tax credit is for taxpayers that convey land or interest in credits of $1 million or more must apply to the Department land located in Virginia to a public or private agency eligible of Conservation and Recreation to receive verification of to hold such land or interests for conservation or preservation the conservation value. The Department of Taxation will purposes. The conveyance must be in perpetuity. issue a letter acknowledging the amount of the credit. For assistance, contact the Virginia Department of Taxation, Credits for conveyances made in 2007 and thereafter are , Tax Credit Unit, P.O. Box 715, Richmond, VA 23218-0715 equal to 40% of the land’s fair market value. All fair market or call (804) 786-2992. valuations must be substantiated by a “qualified appraisal” and prepared by a “qualified appraiser,” as those terms Virginia Coal Employment and Production are defined under applicable federal law and regulations Incentive Tax Credit governing charitable contributions. Beginning with Calendar Year 2015, the maximum amount of credits that may be The Virginia Coal Employment and Production Incentive Tax issued in a calendar year may not exceed $75 million. For Credit expired effective January 1, 2022. No new credits can Taxable Years 2009, 2010, and 2011, the total amount of be earned after January 1, 2022. Electricity generators that credit per taxpayer per taxable year was limited to $50,000 originally earned the credit may carry forward amounts of or the total tax liability, whichever was less. For Taxable credit for up to 10 taxable years or until the full amount is Years 2012, 2013, and 2014, the credit limit per taxpayer used, whichever is sooner. However, a taxpayer claiming per taxable year was $100,000. For Taxable Years 2015 carryover credits on a return for taxable years beginning on and thereafter, the credit is limited to $20,000 per taxpayer and after January 1, 2022 may not claim more than $1 million per taxable year. However, for any fee simple donation of in credits for a single taxable year. No taxpayer may amend land conveyed to the Commonwealth on or after January 1, a return for a taxable year beginning before January 1, 2022 2015, the amount of the credit claimed is subject to a higher to claim more credits than the amount included on such limitation of $100,000 per taxpayer for each taxable year, return before amending it. provided that no part of the charitable contributions deduction under IRC § 170 related to such fee simple donation is Community of Opportunity Tax Credit allowable by reason of a sale or exchange of property. For taxpayers affected by the credit reductions for taxable years For taxable years beginning on or after January 1, 2010, 2009, 2010, 2011, and 2015 and thereafter, an additional but before January 1, 2025, the Community of Opportunity 3-year carryforward will be added to the credit. Any unused Tax Credit may be claimed by landlords who participate in credit not affected by the usage limits will retain the original the Housing Choice Voucher program and rent qualified carryforward periods (10 years for donations originating on housing units. Effective January 1, 2022, the credit has been or after January 1, 2007). expanded by permitting landlords with qualified housing units located in all census tracts in Virginia with poverty rates Any taxpayer holding a Land Preservation Tax Credit that of less than 10% to qualify for the credit. This tax credit is originated on or after January 1, 2002, may transfer unused intended to decentralize poverty by enhancing low-income but otherwise allowable credit for use by another taxpayer Virginians’ access to affordable housing units in higher on Virginia income tax returns. Transfers and pass-through income areas. allocations derived from donations recorded on or after January 1, 2007, are generally subject to a fee. See Schedule Effective January 1, 2022, eligible properties include one or A of Form LPC-1 or Form LPC-2 for further information. more units where the landlord has in place a Housing Choice Voucher Housing Assistance Payments (HAP) contract(s) for A subtraction is allowed for any gain or income recognized all or part of a tax year. Units must have in place executed by a taxpayer on the application of a Land Preservation Tax Housing Choice Voucher Housing Assistance Payments Credit against a Virginia income tax liability, to the extent the (HAP) contract(s) with the public housing authority (PHA) or gain is included in and not otherwise subtracted from federal PHA contractor for the tax year. All units must be determined taxable income. The transfer of the credit and its application Page 5 |
to be rent reasonable and pass PHA or contractor Housing in connection with the establishment of new Virginia farm Quality Standards within a year of the applicable tax year. wineries and vineyards and capital improvements made to The amount of tax credit for an eligible property is equal to existing Virginia farm wineries and vineyards. 10% of the fair market value of the rent for the unit and will The total amount of tax credits available for a calendar be prorated when units are qualified for less than the full year cannot exceed $250,000. If applications for this credit taxable year. Prorations are based on full calendar months. exceed $250,000, the Department will allocate the credits on A landlord may receive tax credits on 1 or more units within a pro rata basis. Any credit amounts that exceed a taxpayer’s the same taxable year. Credits taken for any one taxable liability can be carried forward for 10 years. Any expenses year cannot exceed the tax liability for that year. Credits claimed as a federal deduction under IRC § 179 may not be not taken for the year for which they are allocated may be included in the calculation of this credit. carried forward, but cannot be carried forward for more than The business must apply for the credit by April 1st using 5 years. . Submitting a late application will disqualify you Form FWV Should eligible applications received by the January 31 from the credit. All applications must be sent to the Virginia deadline exceed the annual appropriation, tax credits will Department of Taxation, Tax Credit Unit, P.O. Box 715, be prorated based on the total amount of qualified requests Richmond, VA 23218-0715. This credit requires certification received and the total amount of credits available. from the Tax Credit Unit to be claimed on your tax return. A Credits granted to a partnership, limited liability company, letter will be sent to certify the credit. For assistance contact or electing small business corporation (S corporation) the Tax Credit Unit at (804) 786-2992. must be allocated to the individual partners, members, or International Trade Facility Tax Credit shareholders in proportion to their ownership or interest in such business entity. The pass-through entity must assume For taxable years beginning on and after January 1, 2011, responsibility for distributing credits in this manner. but before January 1, 2025, an income tax credit is allowed For additional information, please write to: Virginia for either capital investment in an international trade facility Department of Housing and Community Development, or increasing jobs related to an international trade facility. Main Street Centre, 600 East Main Street, Suite 300, Taxpayers can elect to claim either credit, but cannot claim Richmond VA 23219, or call (804) 371-7000. both credits in the same taxable year. The amount of the credit is equal to $3,500 per new qualified full-time employee Green Job Creation Tax Credit that results from increased qualified trade activities by the taxpayer or 2% of the amount of capital investment made For taxable years beginning on or after January 1, 2010, but by the taxpayer to facilitate the increased eligible trade before January 1, 2025, a credit may be claimed for each activities. new “green job” that is created in Virginia. The amount of the credit is $500 for each position that is created and that has No more than $1.25 million in tax credits can be issued in any an annual salary of $50,000 or more. The tax credit may be fiscal year. If the amount of tax credits requested exceeds claimed in the first taxable year in which the job has been $1.25 million, the credits will be allocated proportionately filled for at least one year, and for the 4 succeeding taxable among all qualified taxpayers. The Department will determine years in which the job is continuously filled. the credit amount for the taxable year and provide a written certification to each taxpayer. The amount of the credit will The tax credit is for up to 350 green jobs per taxpayer. Any be limited to 50% of the taxpayer’s tax liability for the taxable unused credits may be carried over for 5 taxable years. Any year. Any unused credit amount can be carried forward for taxpayer claiming a green jobs tax credit may also qualify 10 years. for benefits under the Enterprise Zone Grant Program. Taxpayers that claim the Green Job Creation Tax Credit The business must apply by April 1st using Form ITF. are not allowed to claim a Major Business Facility Jobs Tax Submitting a late application will disqualify you from Credit or a federal tax credit for investments in clean energy the credit. All applications must be sent to the Virginia manufacturing facilities that fosters the creation of the same Department of Taxation, Tax Credit Unit, P.O. Box 715, job. Richmond, VA 23218-0715. This credit requires certification from the Tax Credit Unit to be claimed on your tax return. A To apply for this credit, complete Form GJC. All applications letter will be sent to certify the credit. For assistance, contact must be submitted to the Virginia Department of Taxation, the Tax Credit Unit at (804) 786-2992. Tax Credit Unit, P.O. Box 715, Richmond, VA 23218-0715, 90 days prior to the due date of your return. A letter will Port Volume Increase Tax Credit be sent to certify the credit. To claim the credit you must complete Schedule 500CR, Section 1, Part 18. For taxable years beginning on or after January 1, 2011, but before January 1, 2025, a taxpayer that is an agricultural Farm Wineries and Vineyards Tax Credit entity, manufacturing-related entity (manufacturer or distributor of manufactured goods), or mineral and gas entity An individual and corporation income tax credit is available that uses Virginia maritime port facilities and increases its for Virginia farm wineries and vineyards in an amount equal port cargo volume through these facilities may be eligible for to 25% of the cost of all qualified capital expenditures made an income tax credit. Page 6 |
To qualify for the credit, a taxpayer generally must increase Barge and Rail Usage Tax Credit its port cargo volume at Virginia port facilities in a single calendar year by 5% over its base year port cargo volume. For taxable years beginning on and after January 1, 2011, Base year port cargo volume is equal to the total amount of but before January 1, 2025, a business may receive an net tons of non-containerized cargo, 20-foot equivalent units income tax credit for the usage of barge and rail to move (TEUs) of cargo, or units of roll-on/roll-off cargo actually cargo containers throughout the Commonwealth rather than transported by way of a waterborne ship or vehicle through a using trucks or other motor vehicles on the Commonwealth’s port facility during the 2021 calendar year or the first calendar highways. year in which it meets the requirements of 75 tons of non- The amount of the credit is $25 per 20-foot equivalent unit containerized cargo, 10 loaded TEUs, or 10 units of roll-on/ (TEU) or 16 tons of non-containerized cargo or 1 unit of roll-off cargo. Base year cargo volume must be recalculated roll-on/roll-off cargo moved by barge or rail. To receive this each calendar year after the initial base year. The amount of credit, an international trade facility is required to apply to the credit is generally equal to $50 for each TEU, unit of roll- the Department. No more than $500,000 in tax credits can on/roll-off cargo, or 16 net tons of non-containerized cargo be issued in any fiscal year. The Department will determine above the base year port cargo volume. the allowable credit amount for the taxable year and provide However, a qualifying major facility may apply for a credit a written certification of the credit amount to each taxpayer. equal to $50 for each TEU unit of roll-on/roll-off cargo, or 16 Taxpayers can claim this credit against the individual income net tons of non-containerized cargo transported through a tax, the corporate income tax, the tax on estates and trusts, port facility during the major facility’s first calendar year. the bank franchise tax, the insurance premiums tax, and the tax on public service corporations. Any unused tax credits Any taxpayer claiming this credit must first submit an may be carried over for 5 taxable years. application to the Virginia Port Authority by March 1 of the calendar year after the taxable year in which the increase The business must apply by April 1st using Form BRU. in port cargo volume occurs. The maximum amount of tax Submitting a late application will disqualify you from the credit. credits is capped at $3.2 million for each calendar year. If, on All applications must be sent to the Virginia Department of March 15 of each year, the cumulative amount of tax credits Taxation, Tax Credit Unit, P.O. Box 715, Richmond, VA requested by qualifying taxpayers for the prior year exceeds 23218-0715. This credit requires certification from the Tax $3.2 million, the credits will be prorated among the qualifying Credit Unit to be claimed on your tax return. A letter will be taxpayers who requested the credit. A qualifying taxpayer sent to certify the credit. is generally not permitted to receive more than $250,000 For assistance, contact the Tax Credit Unit at (804) 786-2992. each calendar year. However, if on March 15 of each year the $3.2 million credit amount is not fully allocated among Livable Home Tax Credit qualifying taxpayers, those taxpayers who have already been allocated a credit for the prior year will receive a pro Effective for taxable years beginning on and after January 1, rata share of the remaining credit amount. Any unused tax 2011, licensed contractors may be eligible for an income tax credits may be carried over for 5 taxable years. credit of up to $5,000 for the purchase/construction of a new accessible residence or up to 50% of the cost of retrofitting Any taxpayer holding a Port Volume Increase Tax Credit activities on an existing residence not to exceed $5,000. Any issued in taxable years beginning on and after January 1, tax credit that exceeds the eligible licensed contractor’s tax 2018, but before January 1, 2025, may transfer unused but liability may be carried forward for up to 7 years. If the total otherwise allowable credits to another taxpayer for use on amount of tax credits issued under this program exceeds $1 the Virginia income tax return. The transferred credits may be million in a fiscal year, Virginia Department of Housing and retroactively applied from the date the credits were originally Community Development (DHCD) will prorate the amount issued, and the transferee may file an amended return to of credits among the eligible applicants. The existing cap of claim the transferred credit for a prior tax year. However, $1 million for credits earned each year is divided, reserving this provision does not extend the statute of limitations for one-half for the purchase or construction of a new residence filing an amended return. Port Volume Increase Tax Credits and the other half for the renovation of an existing residence. are only transferable within one calendar year of the original Any portion of the $500,000 reserved for one activity that is credit holder earning the credits. A taxpayer who transfers not used will be allocated to the remaining balance of tax any amount of Port Volume Increase Tax Credits must credits authorized for the other activity. Licensed contractors complete and submit Form PVT to the Virginia Department must obtain pre-approval before claiming the credit on their of Taxation, Tax Credit Unit, P.O. Box 715, Richmond, income tax returns. Applications are to be filed with the VA 23218-0715. For more information about credit transfers, DHCD by January 31 of the year following the year in which call the Tax Credit Unit at (804) 786-2992 the purchase/construction or retrofitting was completed. For more information, write to: Virginia Port Authority, Documentation must be submitted with the application. 600 World Trade Center, Norfolk, VA 23510, or call For more information, write to: Virginia Department of (757) 683-2167. Housing and Community Development, Homeless and Special Needs Housing, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, call (804) 773-0405 or email hsnh@dhcd.virginia.gov. Page 7 |
All pass-through entities distributing this credit to its owner(s), To claim this tax credit, a taxpayer must apply by September 1 shareholders, partners, or members must give each a using Form RDC and the applicable schedules. Taxpayers Schedule VK-1, Owner’s Share of Income and Virginia electing to use the primary method to determine the proposed Modifications and Credits. This credit must be allocated credit amount must complete Section 1 – Primary Credit among owners in proportion to each owner’s percentage of Calculation. Taxpayers electing to use the simplified method ownership or participation in the pass-through entity. to determine the proposed credit amount must complete Section 2 – Alternative Simplified Credit Calculation. Research and Development Expenses Tax Credit Submitting a late application will disqualify you for the credit. All applications must be sent to the Virginia Department of A refundable individual, corporate, and bank franchise tax Taxation, Tax Credit Unit, P.O. Box 715, Richmond, VA credit is allowed for qualified research and development . This credit requires certification from the Tax 23218-0715 expenses for taxable years beginning on or after January 1, Credit Unit in order to be claimed on your tax return. A letter 2011, but before January 1, 2025. The tax credit is equal to: will be sent to certify the credit. (i) 15% of the first $300,000 in Virginia qualified research The amount of the credit attributable to a partnership, electing and development expenses, or small business corporation (S corporation), or limited liability (ii) 20% of the first $300,000 of Virginia qualified company (LLC) must be allocated to the individual partners, research and development expenses if the research shareholders, or members in proportion to their ownership was conducted in conjunction with a Virginia public interests in such entities or in accordance with a written or private college or university, to the extent the agreement using Form PTE within 30 days after the credit expenses exceed a base amount. is granted unless the partnership, limited liability company, There is a cap on the total amount of credits allowed in any or electing small business corporation (S corporation) elects fiscal year. If the total amount of approved tax credits is less for such credits not to be so allocated but to be received than the credit cap amount, the Department will allocate the and claimed at the entity level by the partnership, limited remaining amount to the taxpayers already approved for the liability company, or electing small business corporation (S tax credit on a pro rata basis. If the total amount of approved corporation). credits exceeds the credit cap amount, the Department The Department requires taxpayers applying for the credit to will allocate credits on a pro rata basis. For taxable years provide information including: beginning on and after January 1, 2021, the maximum (i) the number of full-time employees employed by the annual amount of tax credits that may be issued for each taxpayer in the Commonwealth during the taxable fiscal year is $7.7 million. year for which the credit is sought; Taxpayers may elect to determine the credit using a simplified (ii) the taxpayer’s sector or sectors according to the 2012 method. Under the simplified method, the credit is equal to edition of the North American Industry Classification 10% of the difference of: System (NAICS) as published by the United States (i) the Virginia qualified research and development Census Bureau; expenses paid or incurred by the taxpayer during the (iii) a brief description of the area, discipline, or field of taxable year; and Virginia qualified research performed by the taxpayer; (ii) 50% of the average Virginia qualified research (iv) the total gross receipts or anticipated total gross and development expenses paid or incurred by receipts of the taxpayer for the taxable year for which the taxpayer for the 3 taxable years immediately the credit is sought; and preceding the taxable year for which the credit is being determined. (v) whether the Virginia qualified research was conducted in conjunction with a Virginia public or private college If a taxpayer electing to use the simplified method did not or university. pay or incur Virginia qualified research and development expenses in any 1 of the 3 taxable years immediately Any taxpayer that is allowed a Research and Development preceding the taxable year for which the credit is being Expenses Tax Credit is not allowed to use the same determined, the credit is equal to 5% of the Virginia qualified expenses as the basis for claiming any other Virginia tax research and development expenses paid or incurred by credit. Research and development expenses that are paid or the taxpayer during the taxable year. Using such method, incurred for research conducted in Virginia on human cells a taxpayer may claim up to $45,000 of credits for a taxable or tissue derived from induced abortions or from stem cells year, or $60,000 of credits for a taxable year if the Virginia obtained from human embryos do not qualify for the credit. qualified research was conducted in conjunction with a However, if a taxpayer engages in research in Virginia on Virginia public or private college or university. human cells or tissue derived from induced abortions from stem cells obtained from human embryos, it may receive No taxpayer with Virginia qualified research and development a nonrefundable credit for other Virginia qualified research expenses in excess of $5 million may claim both the and development expenses. Accordingly, if you conducted Research and Development Expenses Tax Credit and the embryonic stem cell research in Virginia, this credit is Major Research and Development Expenses Tax Credit for nonrefundable and you must enter the amount of credit the same taxable year. Page 8 |
granted on Schedule 500CR, Section 1, Part 24. If you did Credits granted to a partnership, limited liability company, not conduct embryonic stem cell research in Virginia, this or electing small business corporation (S corporation) credit is refundable and you must enter the amount of credit must be allocated to the individual partners, members, or granted on Schedule 500CR, Section 3, Part 3. shareholders, respectively, in proportion to their ownership interests in the entities or in accordance with a written Major Research and Development Expenses Tax agreement entered into by individual partners, members, or Credit shareholders. For taxable years beginning on or after January 1, 2016, No tax credit is allowed for any expenses that are paid but before January 1, 2025, a corporation, individual, or for or incurred by a taxpayer for research conducted in bank franchise taxpayer with Virginia qualified research and the Commonwealth on human cells or tissue derived from development expenses for the taxable year in excess of $5 induced abortions or from stem cells obtained from human million may claim a nonrefundable tax credit against the tax embryos. The foregoing provision does not apply to research levied pursuant to Va. Code § 58.1-320 or 58.1-400 in an conducted using stem cells other than embryonic stem cells. amount equal to 10% of the difference between (i) the Virginia qualified research and development expenses paid or Education Improvement Scholarships Tax Credit incurred by the taxpayer during the taxable year and (ii) 50% For taxable years beginning on or after January 1, 2014, of the average Virginia qualified research and development but before January 1, 2028, an income tax credit may be expenses paid or incurred by the taxpayer for the 3 taxable claimed for monetary or marketable securities donations years immediately preceding the taxable year for which the made to scholarship foundations included on an approved credit is being determined. If the taxpayer did not pay or list published by the Virginia Department of Education. incur Virginia qualified research and development expenses Credits may be earned during taxable years beginning on or in any 1 of the 3 taxable years immediately preceding the after January 1, 2013 but before January 1, 2028. Tax credits taxable year for which the credit is being determined, the earned during the taxable year must be claimed beginning tax credit is equal to 5% of the Virginia qualified research with the taxable year during which they were earned. and development expenses paid or incurred by the taxpayer The credit is equal to 65% of the monetary or marketable during the relevant taxable year. securities donation made to the scholarship foundation. For taxable years beginning on and after January 1, 2021, The credit can be claimed against the individual income no more than $24 million in tax credits may be issued in any tax, corporate income tax, bank franchise tax, insurance fiscal year. If the approved applications for the tax credits premiums license tax, or tax on public service corporations. exceed $24 million for any taxable year, the credits will be For individuals, the minimum value of any monetary or allocated proportionately among all qualified taxpayers. marketable securities donation eligible for a tax credit is No taxpayer is permitted to claim credits in excess of 75% $500 in a taxable year, and the maximum value of monetary of the income tax imposed on the taxpayer for the taxable or marketable securities donations eligible for tax credits is year. Any credit not usable for the taxable year for which the the first $125,000 in value of donations made in a taxable credit was first allowed may be carried over for credit against year. Limitations on the minimum and maximum values of the income taxes of the taxpayer in the next 10 succeeding donations eligible for tax credits in a taxable year do not taxable years or until the total amount of the tax credit has apply to donations made by any business entity, including a been taken, whichever is sooner. sole proprietorship. Any taxpayer who claims the tax credit for Virginia qualified Tax credits will be awarded to taxpayers on a first-come, research and development expenses is not allowed to use first-served basis in accordance with procedures established such expenses as the basis for claiming any other credit by the Virginia Department of Education. The total amount provided under the Code of Virginia. of credits available in any fiscal year is capped at $25 million. Any unused tax credits may be carried over for the Applications for the tax credit must be received by the next 5 succeeding taxable years or until the total amount of Department no later than September 1 of the calendar year credit has been taken, whichever is sooner. For additional following the close of the taxable year in which the expenses information on how to qualify for certification, contact the were paid or incurred. To apply, the business must file Virginia Department of Education, 23rd Floor, P.O. Box Form MRD and the applicable schedules. Submitting a late 2120, Richmond, VA 23218-2120, ATTN: Scholarships Tax application will disqualify you from the credit. All applications Credits Program or email tax.credits@doe.virginia.gov. must be sent to the Virginia Department of Taxation, Tax Credit Unit, P.O. Box 715, Richmond, VA 23218-0715. Food Crop Donation Tax Credit This credit requires certification from the Tax Credit Unit to be claimed on your tax return. A letter will be sent to certify For taxable years beginning on or after January 1, 2016, the credit. through the 2022 taxable year, any person engaged in the business of farming as defined under 26 C.F.R. § No taxpayer with Virginia qualified research and development 1.175-3 that donates food crops grown by the person in expenses in excess of $5 million may claim both the the Commonwealth to a nonprofit food bank may claim an Research and Development Expenses Tax Credit and the individual or corporate income tax credit for the taxable year Major Research and Development Expenses Tax Credit for the same taxable year. Page 9 |
of the donation. The amount of the credit is equal to 30% of For taxable years beginning on or after January 1, 2019, the fair market value of such crops. No taxpayer is permitted but prior to January 1, 2025, businesses primarily engaged to claim more than $5,000 in credits for a taxable year. Any in manufacturing may also claim the Worker Training Tax unused credit amount may be carried forward for 5 years. Credit on the basis of manufacturing-related orientation, The credit is only allowed if: instruction, and training programs for students in grades 6 through 12. The credit is equal to 35% of direct costs incurred (i) the use of the donated food crops by the donee during the taxable year in connection with the program, not nonprofit food bank is related to providing food to the to exceed $2,000. needy; Before claiming the credit on their income tax return, (ii) the donated food crops are not transferred for use employers and businesses must apply for certification of the outside the Commonwealth or used by the donee amount of allowable credit using Form WTC, Worker Training nonprofit food bank as consideration for services Tax Credit Application, by April 1 of the year following the performed or personal property purchased; and year in which the training expenses or orientation, instruction, (iii) the donated food crops, if sold by the donee nonprofit and training program expenses were paid or incurred. All food bank, are sold to the needy, other nonprofit food approved employers and businesses filing a timely Form banks, or organizations that intend to use the food WTC will be notified of their allowable credit by June 30 of the crops to provide food to the needy. calendar year following the year in which the expenses were incurred. The maximum Worker Training Credits granted to No more than $250,000 in tax credits may be issued in any all employers and businesses is limited to $1 million annually. fiscal year. If the total credits approved exceed this amount, each will be The business must apply for the credit by February 1 using prorated. This credit is nonrefundable but excess credit may Form FCD-1. Submitting a late application will disqualify you be carried over for up to the next 3 taxable years. To claim from the credit. All applications must be sent to the Virginia this credit, complete Section 1, Part 28 of Schedule 500CR. Department of Taxation, Tax Credit Unit, P.O. Box 715, For information on pre-approved apprenticeship programs, Richmond, VA 23218-0715. This credit requires certification contact the Virginia Department of Labor and Industry from the Tax Credit Unit to be claimed on your tax return. A at (804) 786-1035. For information on approved orientation, letter will be sent to certify the credit. instruction, and training programs for manufacturers, contact the Virginia Department of Education, Office of Worker Training Tax Credit Career, Technical, and Adult Education, P.O. Box 2120, Richmond, VA 23218-2120, call (804) 225-2052, or email For taxable years beginning on and after January 1, 2019, cte@doe.virginia.gov. but before July 1, 2025, businesses may claim the Worker Training Tax Credit for the training costs of providing eligible Virginia Housing Opportunity Tax Credit worker training to qualified employees. The credit is 35% of expenses incurred by the business during the taxable year Effective for taxable years beginning on and after January for eligible worker training, subject to certain limitations. 1, 2021, but before January 1, 2026, a housing opportunity If the recipient of the training is a qualified employee, the tax credit (“HOTC”) is available for certain low-income credit may not exceed $500 per qualified employee annually. building projects in an amount up to the amount of federal If the recipient of the training is a non-highly compensated low-income housing tax credit (“LIHTC”) allocated or allowed worker, the credit may not exceed $1,000 per non-highly by the Virginia Housing Development Authority (“VHDA”) to compensated worker annually. such projects. To be qualified, the project is required to be a “Eligible worker training” means the training of a qualified qualified low-income building, as defined under federal law, employee or non-highly compensated worker in the form of: that is: • credit or noncredit courses at any institution • Located in Virginia; recognized on the Eligible Training Provider List or • Placed in service on or after January 1, 2021; and at any Virginia public institution of higher education, • Allocated HOTC by VHDA. as such term is defined in Va. Code § 23.1-100, or as described in Va. Code §§ 23.1-3111, 23.1- For taxable years beginning on and after January 1, 2021, 3115, 23.1-3120, and 23.1-3125, that results in the but before January 1, 2026, a qualified taxpayer may claim a qualified employee or non-highly compensated housing opportunity tax credit against its Virginia tax liability worker receiving a workforce credential; or prior to reduction by any other credits allowed the taxpayer. The housing opportunity tax credit may be allocated by pass- • instruction or training that is part of an apprenticeship through entities to some or all of its partners, members, or agreement approved by the Commissioner of Labor shareholders in any manner agreed to by such persons, and Industry. regardless of whether or not any such person is allocated For more information regarding the Eligible Training Provider or allowed any portion of any federal low-income housing List, see the Virginia Workforce Connection website, at tax credit with respect to the qualified project, whether or www.vawc.virginia.gov. not the allocation of the housing opportunity tax credit under the terms of the agreement has substantial economic effect Page 10 |
within the meaning of § 704(b) of the Internal Revenue Code, the taxable year in which the credit is claimed. Form 306D and whether or not any such person is deemed a partner must be enclosed with the tax return when filed. See the for federal income tax purposes as long as the partner instructions for Form 306D for additional information. or member would be considered a partner or member as defined under applicable state law, and has been admitted Motion Picture Production Tax Credit as a partner or member on or prior to the date for filing the qualified taxpayer’s tax return, including any amendments Qualifying motion picture production companies are eligible thereto, with respect to the year of the housing opportunity to receive a series of refundable individual and corporate tax credit. Such pass-through entities or qualified taxpayer income tax credits for taxable years beginning on and after may assign all or any part of its interest, including its interest January 1, 2011, but prior to January 1, 2027. in the tax credits, to one or more pass- through entities or Base-Income Tax Credit: Any production company with qualified taxpayers, and the qualified taxpayer shall be able qualifying expenses of at least $250,000 with respect to a to claim the housing opportunity tax credit so long as its motion picture production filmed in Virginia is eligible for interest is acquired prior to the filing of its tax return claiming the base credit. The base credit is equal to 15 percent of a the housing opportunity tax credit. production company’s qualifying expenses, or 20 percent of For calendar years 2022 through 2025, the total amount such expenses if the motion picture production is filmed in of housing opportunity tax credits authorized for qualified an economically distressed area of Virginia as designated by projects under this article shall not exceed $60 million per the Virginia Economic Development Partnership Authority. calendar year. Such credits issued each calendar year Additional Virginia Resident Credit: The production shall be allowed ratably, with one-tenth of the total amount company is allowed an additional credit of 10% to 20% of of credits allowed annually for 10 years over the credit the total aggregate payroll for Virginia residents employed in period, except that there shall be a reduction in the tax connection with the motion picture production. For companies credit allowable in the first year of the credit period due to that spend at least $250,000 in total production costs in the the calculation in 26 U.S.C. § 42(f)(2) and any reduction by Commonwealth, but not more than $1 million, the credit will reason of 26 U.S.C. § 42(f)(2) in the credit allowable for the equal 10% of the total Virginia resident aggregate payroll. first taxable year of the credit period shall be allowable for For companies that spend over $1 million in total production the first taxable year following the credit period. costs in the Commonwealth, the credit will equal 20% of the $20 million of such credits shall be first allocated exclusively total aggregate Virginia resident payroll. for qualified projects located in a locality with a population Additional Virginia Resident First-Time Industry no greater than 35,000 as determined by the most recent Employee Credit: In addition to the above outlined credits, United States census. Such allocation of Virginia housing companies may claim a credit of 10% of their total aggregate opportunity tax credits shall constitute the minimum amount payroll for Virginia residents who are employed as first- of such tax credits to be allocated for qualified projects in time actors or first-time members of a production crew in such localities. However, if the amount of such tax credits connection with a production in Virginia. requested for qualified projects in such localities is less than the total amount of such credits available for qualified The aggregate amount of all motion picture credits to be projects in such localities, the balance of such credits shall issued is capped at $6.5 million per fiscal year. To qualify be allocated for any qualified project, regardless of location. for this credit, production companies must submit an initial application to the Virginia Film Office within the Virginia Credits must be allocated by pass-through entities to its Tourism Authority at least 30 days prior to production and partners, shareholders, or members using Form PTE. must enter into a Memorandum of Understanding. After The credit is allowed against the individual income tax, production is complete, the production company must estate and trust income tax, corporate income tax, bank submit documentation to the Virginia Film Office within the franchise tax, insurance premiums license tax, and license Virginia Tourism Authority and will be issued a certification tax on telegraph, telephone, water, heat, light, power, and letter. A taxpayer may only claim this credit after receiving pipeline companies. Any unused credit amount may be the certification letter from the Virginia Tourism Authority. For carried forward for 5 years from the year in which the credit more information, contact: the Virginia Film Office within is allocated to the taxpayer. the Virginia Tourism Authority, 901 E. Cary Street, Suite For more information, contact Virginia Housing 900, Richmond, VA 23219, or call (804) 545-5530. Development Authority, 601 S. Belvidere Street, Credits available through the Virginia Motion Picture Richmond, VA 23220, call Stephanie Flanders at (804) 343- Production Tax Credit are offered in addition to other Virginia 5939, or visit www.virginiahousing.com. production incentives. For additional information regarding all available funding assistance for Virginia productions, refer to *Coalfield Employment Enhancement Tax Credit theVirginia Film Office’swebsite,www.filmvirginia.org, or to the Virginia Tourism Authority’s website,www.vatc.org . This credit expired on December 31, 2021. Only credits earned in prior taxable years may be claimed based on a redemption schedule. The allowable credit must be computed on Form 306D and reported on the return filed for Page 11 |
Agricultural Best Management Practices (BMP) Conservation Tillage and Precision Agriculture Tax Credit Equipment Tax Credit This refundable credit is available to corporations engaged For taxable years beginning on and after January 1, in agricultural production for market who have in place a 2021, but before January 1, 2026, a refundable credit soil conservation plan approved by the local Soil and Water is available for corporate and individual taxpayers that Conservation District (SWCD). The credit is 25% of the purchase certain types of conservation tillage and precision first $100,000 expended for agricultural best management agricultural application equipment. The credit equals 25% practices approved by the local SWCD. of all expenditures made by the taxpayer for the purchase Effective for taxable years on and after January 1, 2021, but of equipment certified by the Virginia Soil and Water before January 1, 2025, any corporation that is engaged in Conservation Board as reducing soil compaction such as agricultural production for market, or that has equines that a “no-till” planter, drill, or other equipment that provides create needs for agricultural best management practices more precise pesticide and fertilizer application or injection. to reduce nonpoint source pollutants, and has in place a For purposes of this credit, equipment that reduces soil resource management plan approved by the local SWCD, compaction includes equipment using guidance systems shall be allowed a refundable credit against corporate to control traffic patterns that are designed to minimize the income tax. The credit amount is 50% of the first $100,000 disturbance of soil in planting crops, including planters, expended for agricultural best management practices drills, or other equipment that may be attached to equipment implemented by the corporation on the acreage included in already owned by the taxpayer. The credit amount cannot the resource management plan. exceed $17,500 in the year of purchase. The maximum aggregate credit per taxpayer per taxable Taxpayers must apply for the credit by completing Form AEC. year is $75,000. The maximum annual amount of tax credits All applications must be sent to the Virginia Department that may be issued for each fiscal year is $2 million. If the of Taxation, Tax Credit Unit, P.O. Box 715, Richmond, total amount of approved tax credits is less than the credit VA 23218-0715. This credit requires certification from the cap amount, the Department will allocate the remaining Tax Credit Unit to be claimed on your tax return. A letter will amount to the taxpayers already approved for the tax credit be sent to certify the credit. For assistance contact the Tax on a pro rata basis. If the total amount of approved credits Credit Unit at (804) 786-2992. exceeds the credit cap amount, the Department will allocate For more information about eligible equipment, contact your credits on a pro rata basis. local Virginia Soil and Water Conservation District Office. Any taxpayer claiming the Agricultural Best Management Practices Tax Credit may not claim any other Virginia tax credit for costs related to the same practices. The credit must be allocated to individual partners and shareholders in proportion to their ownership or interest in the partnership or S corporation. Applying for the credit is a two-step process. Taxpayers must receive certification from their local Soil and Water Conservation District (SWCD) prior to applying with the Department of Taxation. After receiving certification from the SWCD, taxpayers must file Form ABM with the Department of Taxation by April 1. Form ABM must be sent to the Virginia Department of Taxation, Tax Credit Unit, P.O. Box 715, Richmond, VA 23218-0715. A letter will be sent to certify the credit. For assistance, contact the Tax Credit Unit at (804) 786-2992. For more information about eligible BMPs, contact your local Virginia Soil and Water Conservation District Office. Page 12 |