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Virginia law conforms to the federal definition of income subject to withholding. Virginia withholding is generally required on any payment for which federal withholding is required. This includes most wages, pensions and annuities, gambling winnings, vacation pay, bonuses, and certain expense reimbursements.

S Corporations, Partnerships, and Limited Liability Companies. Every pass-through entity (PTE) that does business in Virginia or receives income from Virginia sources must file an annual Virginia income tax return on Form 502 or Form 502PTET.

An electing PTE must file Form 502PTET instead of Form 502 to compute the PTE tax and the amount of the credit that may be claimed by owners." 1065/1120-S. To make the election, go to VA > screen 1 and check the box Eligibility and election to pay Virginia income tax at the entity level.

The Form 502 should (1) report nonresident withholding only for income attributable to ineligible owners who are also nonresident owners subject to the withholding requirements (e.g., the nonresident corporate owners of the PTE) and (2) attach Schedules VK-1 to Form 502 only for such ineligible owners.

Schedule VK-1 is prepared by the pass-through entity to show each owner's distributive or pro rata share of the entity's income, Virginia modifications and Virginia credits, and other information necessary for an owner to be able to include the effect of participation in the entity in the owner's income tax return.

Late Filing Penalty The law provides for the penalty to be assessed at a rate of 6% per month or part of month from the due date of the return until the return is filed, or until the maximum penalty of 30% has accrued.