Virginia 2022 Regular Session Status: Enacted

SB 324 — Public agencies; privacy of personal donor information, penalty.

Last action — of adjournment of the 2022 Special Session l)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on August 04, 2022.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    9 passed, 6 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Public agencies; privacy of personal information; penalty. Provides that public agencies shall not request personal information, defined in the bill, from (i) any individual or any entity organized under § 501(c) of the Internal Revenue Code or (ii) any bidder, offeror, or contractor of an agency. The bill prohibits such public agencies from disclosing personal information without the express, written permission of every individual who is identifiable from the potential release of such personal information, including individuals identifiable as members, supporters, or volunteers of, or donors to, the agency. The bill exempts the Campaign Finance Disclosure Act of 2006 from the requirements that public agencies protect personal information and refrain from requesting personal information.

Bill Text

What changed in the latest version

762 added · 157 removed

Plain-language change summary

The amended bill updates the Code of Virginia to clarify the conformity of the state's taxation system with the Internal Revenue Code, specifically reflecting the federal tax laws as they existed on December 31, 2021, instead of December 31, 2020. It continues to specify exceptions for certain depreciation allowances, net operating losses, and other specific tax provisions. This change matters because it ensures that Virginia’s tax system is aligned with the most current federal tax changes, potentially affecting state tax calculations for individuals and businesses.

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SESSION SENATE SUBSTITUTE 22107924D SENATE BILL NO.
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 19 An Act to amend and reenact §§ 58.1-301, 58.1-322.02, 58.1-322.03, and 58.1-402 of the Code of Virginia, relating to conformity of Commonwealth's taxation system with Internal Revenue Code;
324 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Joint Conference Committee on March 12, 2022) (Patron Prior to Substitute––Senator Vogel) A BILL to amend and reenact §§ 2.2-3705.1 and 2.2-3808 of the Code of Virginia, relating to public Be it enacted by the General Assembly of Virginia:enalty.
Rebuild Virginia grants and Paycheck Protection Program loans;
emergency.
[S 94] Approved March 9, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 2.2-3705.1 and 2.2-3808 of the Code of Virginia are amended and reenacted as follows:
That §§ 58.1-301, 58.1-322.02, 58.1-322.03, and 58.1-402 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-3705.1.
§ 58.1-301.
Exclusions to application of chapter;
Conformity to Internal Revenue Code.
exclusions of general application to public bodies.
A.
The following information contained in a public record is excluded from the mandatory disclosure disclosure is prohibited by law.
Any term used in this chapter shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly reqB.
Redaction of information excluded under this section from a publicch record shall be conducted in accordance with § 2.2-3704.01.
Any reference in this chapter to the laws of the United States relating to federal income taxes shall mean the provisions of the Internal Revenue Code of 1954, and amendments thereto, and other provisions of the laws of the United States relating to federal income taxes, as they existed on December 31, 2020 2021, except for:
Personnel information concerning identifiable individuals, except that access shall not be denied to the person who is the subject thereof.
The special depreciation allowance for certain property provided for under §§ 168(k), 168(l), 168(m), 1400L, and 1400N of the Internal Revenue Code;
Any person who is the subject of such information and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision.
2.
If the protections are so waived, such information shall be disclosed.
The carry-back of certain net operating losses for five years under § 172(b)(1)(H) of the Internal Revenue Code;
Nothing in this subdivision shall be appointed by the Governor pursuant to § 2.2-106 or 2.2-107.plications submitted by persons who Are No provision of this chapter or any provision of Chapter 38 (§ 2.2-3800 et seq.) shall be coTstrued as denying public access to (i) contracts between a public body and its officers or employees, other than contracts settling public employee employment disputes held confidential as personnel records uEder § 2.2-3705.1;
3.
(ii) records of the name, position, job classification, official salary, or rate of pay of, and records of the allowances or reimbursements for expenses paid to, any officer, official, or employee of a Retirement System or its officers or employees.
The original issue discount on applicable high yield discount obligations under § 163(e)(5)(F) of the Internal Revenue Code;
The provisions of this subdivision, however, shall not require public access to records of the official salaries or rates of pay of public employees whose annual rate of pay is $10,000 or less.
4.
U 2.
The deferral of certain income under § 108(i) of the Internal Revenue Code.
Written advice of legal counsel to state, regional or local public bodies or the officersBor employees of such public bodies, and any other information protected by the attorney-client privilege.
For Virginia income tax purposes, income from the discharge of indebtedness in connection with the reacquisition of an "applicable debt instrument" (as defined under § 108(i) of the Internal Revenue Code) reacquired in the taxable year shall be fully included in the taxpayer's Virginia taxable income for the taxable year, unless the taxpayer elects to include such income in the taxpayer's Virginia taxable income ratably over a three-taxable-year period beginning with taxable year 2009 for transactions completed in taxable year 2009, or over a three-taxable-year period beginning with taxable year 2010 for transactions completed in taxable year 2010 on or before April 21, 2010.
an active administrative investigation concerning a matter that is properly the subject of a closed in meeting under § 2.2-3711.
For purposes of such election, all other provisions of § 108(i) of the Internal Revenue Code shall apply mutatis mutandis.
T :
No other deferral shall be allowed for income from the discharge of indebtedness in connection with the reacquisition of an "applicable debt instrument";
36 4.
5.
Any test or examination used, administered or prepared by any public body for purposes of 37 evaluation of (i) any student or any student's performance, (ii) any employee or employment seeker's 38 qualifications or aptitude for employment, retention, or promotion, or (iii) qualifications forTany license 39 or certificate issued by a public body.
For taxable years beginning on and after January 1, 2019, the suspension of the overall limitation on itemized deductions under § 68(f) of the Internal Revenue Code;
U or examination and (b) any other document that would jeopardize the security of the test or examination.t Nothing contained in this subdivision shall prohibit the release of test scores or results as provided by law, or limit access to individual records as provided by law.
6.
However, the subject of such empEoyment tests shall be entitled to review and inspect all records relative to his performance on such employment tests.
For taxable years beginning on and after January 1, 2017, but before January 1, 2018, and for taxable years beginning on and after January 1, 2019, the 7.5 percent of federal adjusted gross income threshold set forth in § 213(a) of the Internal Revenue Code that is used for purposes of computing the deduction allowed for expenses for medical care pursuant to § 213 of the Internal Revenue Code.
potential for future use, and the security of future tests or examinations will not be jeopardized, the test or examination shall be made available to the public.
For such taxable years, the threshold utilized for Virginia income tax purposes to compute the deduction allowed for expenses for medical care pursuant to § 213 of the Internal Revenue Code shall be 10 percent of federal adjusted gross income;
However, minimum competency tests administered to public school children shall be made available to the public contemporaneously with statewide release of the scores of those taking such tests, but in no event shall such tests be made available to the public later than six months after the administration of such tests.
S 5.
Records recorded in or compiled exclusively for use in closed meetings lawfully held purs3ant to exempt by virtue of the fact that it has been reviewed or discussed in a closed meeting.hall be4deemed 6.
Vendor proprietary information software that may be in the public records of a public body.
For the purpose of this subdivision, "vendor proprietary information software" means computer programs acquired from a vendor for purposes of processing data for agencies or political subdivisions of the Commonwealth.
Computer software developed by or for a state agency, public institution of higher education in the SB324S3 2 of 3 Commonwealth, or political subdivision of the Commonwealth.
The provisions of §§ 2303(a) and 2303(b) of the federal Coronavirus Aid, Relief, and Economic Security Act, P.L.
116-136 (2020), related to the net operating loss limitation and carryback;
Appraisals and cost estimates of real property subject to a proposed purchase, sale, or lease, prior to the completion of such purchase, sale, or lease.
The provisions of § 2304(a) of the federal Coronavirus Aid, Relief, and Economic Security Act, P.L.
116-136 (2020), related to a loss limitation applicable to taxpayers other than corporations;
Information concerning reserves established in specific claims administered by the Department of the Treasury through its Division of Risk Management as provided in Article 5 (§ 2.2-1832 et seq.) of Chapter 18, or by any county, city, or town;
The provisions of § 2306 of the federal Coronavirus Aid, Relief, and Economic Security Act, P.L.
and investigative notes, correspondence and information furnished in confidence with respect to an investigation of a claim or a potential claim against a public body's insurance policy or self-insurance plan.
116-136 (2020), related to the limitation on business interest;
However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports upon expiration of the period of limitations for the filing of a civil suit.
and 10.
The For taxable years beginning before January 1, 2021, the provisions of §§ 276(a), 276(b)(2), 276(b)(3), 278(a)(2), 278(a)(3), 278(b)(2), 278(b)(3), 278(c)(2), 278(c)(3), 278(d)(2), and 278(d)(3) of the federal Consolidated Appropriations Act, P.L.
116-260 (2020), and §§ 9672(2), 9672(3), 9673(2), and 9673(3) of the federal American Rescue Plan Act, P.L.
117-2 (2021), related to deductions, tax attributes, and basis increases for certain loan forgiveness and other business financial assistance.
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The Department of Taxation is hereby authorized to develop procedures or guidelines for implementation of the provisions of this section, which procedures or guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
§ 58.1-322.02.
Virginia taxable income;
subtractions.
of 12 In computing Virginia taxable income pursuant to § 58.1-322, to the extent included in federal adjusted gross income, there shall be subtracted:
1.
Income derived from obligations, or on the sale or exchange of obligations, of the United States and on obligations or securities of any authority, commission, or instrumentality of the United States to the extent exempt from state income taxes under the laws of the United States, including, but not limited to, stocks, bonds, treasury bills, and treasury notes but not including interest on refunds of federal taxes, interest on equipment purchase contracts, or interest on other normal business transactions.
2.
Income derived from obligations, or on the sale or exchange of obligations, of the Commonwealth or of any political subdivision or instrumentality of the Commonwealth.
3.
Benefits received under Title II of the Social Security Act and other benefits subject to federal income taxation solely pursuant to § 86 of the Internal Revenue Code.
4.
Up to $20,000 of disability income, as defined in § 22(c)(2)(B)(iii) of the Internal Revenue Code;
however, any person who claims a deduction under subdivision 5 of § 58.1-322.03 may not also claim a subtraction under this subdivision.
5.
The amount of any refund or credit for overpayment of income taxes imposed by the Commonwealth or any other taxing jurisdiction.
6.
The amount of wages or salaries eligible for the federal Work Opportunity Credit which was not deducted for federal purposes on account of the provisions of § 280C(a) of the Internal Revenue Code.
7.
Any amount included therein less than $600 from a prize awarded by the Virginia Lottery.
8.
The wages or salaries received by any person for active and inactive service in the National Guard of the Commonwealth of Virginia, not to exceed the amount of income derived from 39 calendar days of such service or $3,000, whichever amount is less;
however, only those persons in the ranks of O3 and below shall be entitled to the deductions specified in this subdivision.
9.
Amounts received by an individual, not to exceed $1,000 for taxable years beginning on or before December 31, 2019, and $5,000 for taxable years beginning on or after January 1, 2020, as a reward for information provided to a law-enforcement official or agency, or to a nonprofit corporation created exclusively to assist such law-enforcement official or agency, in the apprehension and conviction of perpetrators of crimes.
This subdivision shall not apply to the following:
an individual who is an employee of, or under contract with, a law-enforcement agency, a victim or the perpetrator of the crime for which the reward was paid, or any person who is compensated for the investigation of crimes or accidents.
Personal contact information furnished to a public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members, unless the recipient of such electronic communications indicates his approval for the public body to disclose such information.
The amount of "qualified research expenses" or "basic research expenses" eligible for deduction for federal purposes, but which were not deducted, on account of the provisions of § 280C(c) of the Internal Revenue Code and which shall be available to partners, shareholders of S corporations, and members of limited liability companies to the extent and in the same manner as other deductions may pass through to such partners, shareholders, and members.
However, access shall not be denied to the person who is the subject of the record.
As used in this subdivision, "personal contact information" means the information provided to the public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members and includes home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.
Communications and materials required to be kept confidential pursuant to § 2.2-4119 of the Virginia Administrative Dispute Resolution Act (§ 2.2-4115 et seq.).
Any income received during the taxable year derived from a qualified pension, profit-sharing, or stock bonus plan as described by § 401 of the Internal Revenue Code, an individual retirement account or annuity established under § 408 of the Internal Revenue Code, a deferred compensation plan as defined by § 457 of the Internal Revenue Code, or any federal government retirement program, the contributions to which were deductible from the taxpayer's federal adjusted gross income, but only to the extent the contributions to such plan or program were subject to taxation under the income tax in another state.
Information relating to the negotiation and award of a specific contract where competition or bargaining is involved and where the release of such information would adversely affect the bargaining position or negotiating strategy of the public body.
Any income attributable to a distribution of benefits or a refund from a prepaid tuition contract or savings trust account with the Virginia College Savings Plan, created pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1.
Such information shall not be withheld after the public body has made a decision to award or not to award the contract.
The subtraction for any income attributable to a refund shall be limited to income attributable to a refund in the event of a beneficiary's death, disability, or receipt of a scholarship.
In the case of procurement transactions conducted pursuant to the Virginia Public Procurement Act (§ 2.2-4300 et seq.), the provisions of this subdivision shall not apply, and any release of information relating to such transactions shall be governed by the Virginia Public Procurement Act.
Account numbers or routing information for any credit card, debit card, or other account with a financial institution of any person or public body.
All military pay and allowances, to the extent included in federal adjusted gross income and not otherwise subtracted, deducted, or exempted under this section, earned by military personnel while serving by order of the President of the United States with the consent of Congress in a combat zone or qualified hazardous duty area that is treated as a combat zone for federal tax purposes pursuant to § 112 of the Internal Revenue Code.
However, access shall not be denied to the person who is the subject of the information.
For the purposes of this subdivision, "financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, savings and loan companies or associations, and credit unions.
Names and data of any kind that directly or indirectly identify an individual as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code, except for those entities established by or for, or in support of, a public body as authorized by state law, not to include a nonprofit foundation designed to support an institution of higher education or other educational or cultural institution subject to Title 23.1.
For taxable years beginning before January 1, 2015, the gain derived from the sale or exchange of real property or the sale or exchange of an easement to real property which results in the real property or the easement thereto being devoted to open-space use, as that term is defined in § 58.1-3230, for a period of time not less than 30 years.
§ 2.2-3808.
To the extent that a subtraction is taken in accordance with this subdivision, no tax credit under this chapter for donating land for its preservation shall be allowed for three years following the year in which the subtraction is taken.
Collection, disclosure, or display of social security number;
15.
personal identifying information of donors;
Fifteen thousand dollars of military basic pay for military service personnel on extended active duty for periods in excess of 90 days;
penalty.
however, the subtraction amount shall be reduced dollar-for-dollar by the amount by which the taxpayer's military basic pay exceeds $15,000 and shall be reduced to zero if such military basic pay amount is equal to or exceeds $30,000.
A.
16.
It shall be unlawful for any agency to:
The first $15,000 of salary for each federal and state employee whose total annual salary from all of 12 employment for the taxable year is $15,000 or less.
17.
Unemployment benefits taxable pursuant to § 85 of the Internal Revenue Code.
18.
Any amount received as military retirement income by an individual awarded the Congressional Medal of Honor.
19.
Items of income attributable to, derived from, or in any way related to (i) assets stolen from, hidden from, or otherwise lost by an individual who was a victim or target of Nazi persecution or (ii) damages, reparations, or other consideration received by a victim or target of Nazi persecution to compensate such individual for performing labor against his will under the threat of death, during World War II and its prelude and direct aftermath.
This subtraction shall not apply to assets acquired with such items of income or with the proceeds from the sale of assets stolen from, hidden from, or otherwise lost to, during World War II and its prelude and direct aftermath, a victim or target of Nazi persecution.
The provisions of this subdivision shall only apply to an individual who was the first recipient of such items of income and who was a victim or target of Nazi persecution, or a spouse, surviving spouse, or child or stepchild of such victim.
As used in this subdivision:
"Nazi regime" means the country of Nazi Germany, areas occupied by Nazi Germany, those European countries allied with Nazi Germany, or any other neutral European country or area in Europe under the influence or threat of Nazi invasion.
"Victim or target of Nazi persecution" means any individual persecuted or targeted for persecution by the Nazi regime who had assets stolen from, hidden from, or otherwise lost as a result of any act or omission in any way relating to (i) the Holocaust, (ii) World War II and its prelude and direct aftermath, (iii) transactions with or actions of the Nazi regime, (iv) treatment of refugees fleeing Nazi persecution, or (v) the holding of such assets by entities or persons in the Swiss Confederation during World War II and its prelude and aftermath.
A "victim or target of Nazi persecution" also includes any individual forced into labor against his will, under the threat of death, during World War II and its prelude and direct aftermath.
20.
The military death gratuity payment made after September 11, 2001, to the survivor of deceased military personnel killed in the line of duty, pursuant to 10 U.S.C.
Chapter 75;
however, the subtraction amount shall be reduced dollar-for-dollar by the amount that the survivor may exclude from his federal gross income in accordance with § 134 of the Internal Revenue Code.
21.
The death benefit payments from an annuity contract that are received by a beneficiary of such contract, provided that (i) the death benefit payment is made pursuant to an annuity contract with an insurance company and (ii) the death benefit payment is paid solely by lump sum.
The subtraction under this subdivision shall be allowed only for that portion of the death benefit payment that is included in federal adjusted gross income.
22.
Any gain recognized from the sale of launch services to space flight participants, as defined in U.S.C.
§ 70102, or launch services intended to provide individuals with the training or experience of a launch, without performing an actual launch.
To qualify for a deduction under this subdivision, launch services must be performed in Virginia or originate from an airport or spaceport in Virginia.
23.
Any gain recognized as a result of resupply services contracts for delivering payload, as defined in 49 U.S.C.
§ 70102, entered into with the Commercial Orbital Transportation Services division of the National Aeronautics and Space Administration or other space flight entity, as defined in § 8.01-227.8, and launched from an airport or spaceport in Virginia.
24.
Any income taxed as a long-term capital gain for federal income tax purposes, or any income taxed as investment services partnership interest income (otherwise known as investment partnership carried interest income) for federal income tax purposes.
To qualify for a subtraction under this subdivision, such income shall be attributable to an investment in a "qualified business," as defined in § 58.1-339.4, or in any other technology business approved by the Secretary of Administration, provided that the business has its principal office or facility in the Commonwealth and less than $3 million in annual revenues in the fiscal year prior to the investment.
To qualify for a subtraction under this subdivision, the investment shall be made between the dates of April 1, 2010, and June 30, 2020.
No taxpayer who has claimed a tax credit for an investment in a "qualified business" under § 58.1-339.4 shall be eligible for the subtraction under this subdivision for an investment in the same business.
25.
For taxable years beginning on and after January 1, 2014, any income of an account holder for the taxable year taxed as (i) a capital gain for federal income tax purposes attributable to such person's first-time home buyer savings account established pursuant to Chapter 12 (§ 36-171 et seq.) of Title 36 and (ii) interest income or other income for federal income tax purposes attributable to such person's first-time home buyer savings account.
Notwithstanding the statute of limitations on assessments contained in § 58.1-312, any subtraction taken under this subdivision shall be subject to recapture in the taxable year or years in which moneys or funds withdrawn from the first-time home buyer savings account were used for any purpose other than the payment of eligible costs by or on behalf of a qualified beneficiary, as provided under § 36-174.
The amount subject to recapture shall be a portion of the amount withdrawn in the taxable year that was used for other than the payment of eligible costs, computed by multiplying the amount of 12 withdrawn and used for other than the payment of eligible costs by the ratio of the aggregate earnings in the account at the time of the withdrawal to the total balance in the account at such time.
However, recapture shall not apply to the extent of moneys or funds withdrawn that were (i) withdrawn by reason of the qualified beneficiary's death or disability;
(ii) a disbursement of assets of the account pursuant to a filing for protection under the United States Bankruptcy Code, 11 U.S.C.
§§ 101 through 1330;
or (iii) transferred from an account established pursuant to Chapter 12 (§ 36-171 et seq.) of Title 36 into another account established pursuant to such chapter for the benefit of another qualified beneficiary.
For purposes of this subdivision, "account holder," "eligible costs," "first-time home buyer savings account," and "qualified beneficiary" mean the same as those terms are defined in § 36-171.
26.
For taxable years beginning on and after January 1, 2015, any income for the taxable year attributable to the discharge of a student loan solely by reason of the student's death.
For purposes of this subdivision, "student loan" means the same as that term is defined under § 108(f) of the Internal Revenue Code.
27.
a.
Income, including investment services partnership interest income (otherwise known as investment partnership carried interest income), attributable to an investment in a Virginia venture capital account.
To qualify for a subtraction under this subdivision, the investment shall be made on or after January 1, 2018, but before December 31, 2023.
No subtraction shall be allowed under this subdivision for an investment in a company that is owned or operated by a family member or an affiliate of the taxpayer.
No subtraction shall be allowed under this subdivision for a taxpayer who has claimed a subtraction under subdivision 24 or a tax credit under § 58.1-339.4 for the same investment.
b.
As used in this subdivision 27:
"Qualified portfolio company" means a company that (i) has its principal place of business in the Commonwealth;
(ii) has a primary purpose of production, sale, research, or development of a product or service other than the management or investment of capital;
and (iii) provides equity in the company to the Virginia venture capital account in exchange for a capital investment.
"Qualified portfolio company" does not include a company that is an individual or sole proprietorship.
"Virginia venture capital account" means an investment fund that has been certified by the Department as a Virginia venture capital account.
In order to be certified as a Virginia venture capital account, the operator of the investment fund shall register the investment fund with the Department prior to December 31, 2023, (i) indicating that it intends to invest at least 50 percent of the capital committed to its fund in qualified portfolio companies and (ii) providing documentation that it employs at least one investor who has at least four years of professional experience in venture capital investment or substantially equivalent experience.
"Substantially equivalent experience" includes, but is not limited to, an undergraduate degree from an accredited college or university in economics, finance, or a similar field of study.
The Department may require an investment fund to provide documentation of the investor's training, education, or experience as deemed necessary by the Department to determine substantial equivalency.
If the Department determines that the investment fund employs at least one investor with the experience set forth herein, the Department shall certify the investment fund as a Virginia venture capital account at such time as the investment fund actually invests at least 50 percent of the capital committed to its fund in qualified portfolio companies.
28.
a.
Income attributable to an investment in a Virginia real estate investment trust.
To qualify for a subtraction under this subdivision, the investment shall be made on or after January 1, 2019, but before December 31, 2024.
No subtraction shall be allowed for an investment in a trust that is managed by a family member or an affiliate of the taxpayer.
No subtraction shall be allowed under this subdivision for a taxpayer who has claimed a subtraction under subdivision 24 or 27 or a tax credit under § 58.1-339.4 for the same investment.
b.
As used in this subdivision 28:
"Distressed" means satisfying the criteria applicable to a locality described in subdivision E 2 of § 2.2-115.
"Double distressed" means satisfying the criteria applicable to a locality described in subdivision E 3 of § 2.2-115.
"Virginia real estate investment trust" means a real estate investment trust, as defined in 26 U.S.C.
§ 856, that has been certified by the Department as a Virginia real estate investment trust.
In order to be certified as a Virginia real estate investment trust, the trustee shall register the trust with the Department prior to December 31, 2024, indicating that it intends to invest at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in real estate in localities that are distressed or double distressed.
If the Department determines that the trust satisfies the preceding criteria, the Department shall certify the trust as a Virginia real estate investment trust at such time as the trust actually invests at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in real estate in localities that are distressed or double distressed.
29.
For taxable years beginning on and after January 1, 2019, any gain recognized from the taking of real property by condemnation proceedings.
30.
For taxable years beginning on and after January 1, 2020, but before January 1, 2021, up to of 12 $100,000 of all grant funds received by the taxpayer under the Rebuild Virginia program established by the Governor and administered by the Department of Small Business and Supplier Diversity.
§ 58.1-322.03.
Virginia taxable income;
deductions.
In computing Virginia taxable income pursuant to § 58.1-322, there shall be deducted from Virginia adjusted gross income as defined in § 58.1-321:
Require an individual to disclose or furnish his social security number not previously disclosed or furnished, for any purpose in connection with any activity, or to refuse any service, privilege, or right to an individual wholly or partly because the individual does not disclose or furnish such number, unless the disclosure or furnishing of such number is specifically required by state law in effect prior to January 1, 1975, or is specifically authorized or required by federal law;
a.
or 2.
The amount allowable for itemized deductions for federal income tax purposes where the taxpayer has elected for the taxable year to itemize deductions on his federal return, but reduced by the amount of income taxes imposed by the Commonwealth or any other taxing jurisdiction and deducted on such federal return and increased by an amount that, when added to the amount deducted under § 170 of the Internal Revenue Code for mileage, results in a mileage deduction at the state level for such purposes at a rate of 18 cents per mile;
Collect from an individual his social security number or any portion thereof unless the collection of such number is (i) authorized or required by state or federal law and (ii) essential for the performance of that agency's duties.
or b.
Nothing in this subdivision shall be construed to prohibit the collection of a social security number for the sole purpose of complying with the Virginia Debt Collection Act (§ 2.2-4800 et seq.) or the Setoff Debt Collection Act (§ 58.1-520 et seq.);
Provided that the taxpayer has not itemized deductions for the taxable year on his federal income tax return:
(i) for taxable years beginning before January 1, 2019, and on and after January 1, 2026, $3,000 for single individuals and $6,000 for married persons (one-half of such amounts in the case of a married individual filing a separate return) and (ii) for taxable years beginning on and after January 1, 2019, but before January 1, 2026, $4,500 for single individuals and $9,000 for married persons (one-half of such amounts in the case of a married individual filing a separate return).
For purposes of this section, any person who may be claimed as a dependent on another taxpayer's return for the taxable year may compute the deduction only with respect to earned income.
2.
a.
A deduction in the amount of $930 for each personal exemption allowable to the taxpayer for federal income tax purposes.
b.
Each blind or aged taxpayer as defined under § 63(f) of the Internal Revenue Code shall be entitled to an additional personal exemption in the amount of $800.
The additional deduction for blind or aged taxpayers allowed under this subdivision shall be allowable regardless of whether the taxpayer itemizes deductions for the taxable year for federal income tax purposes.
Require any individual or any entity organized under § 501(c) of the Internal Revenue Code to provide the agency with personal donor information;
A deduction equal to the amount of employment-related expenses upon which the federal credit is based under § 21 of the Internal Revenue Code for expenses for household and dependent care services necessary for gainful employment.
Require any bidder, offeror, contractor, or grantee of an agency to provide the agency with personal donor information;
An additional $1,000 deduction for each child residing for the entire taxable year in a home under permanent foster care placement as defined in § 63.2-908, provided that the taxpayer can also claim the child as a personal exemption under § 151 of the Internal Revenue Code.
or 5.
5.
Disclose personal donor information without the express, written permission of every individual who is identifiable from the potential release of such personal donor information, including individuals identifiable as members, supporters, or volunteers of, or donors to, the agency.
a.
A deduction in the amount of $12,000 for individuals born on or before January 1, 1939.
b.
A deduction in the amount of $12,000 for individuals born after January 1, 1939, who have attained the age of 65.
This deduction shall be reduced by $1 for every $1 that the taxpayer's adjusted federal adjusted gross income exceeds $50,000 for single taxpayers or $75,000 for married taxpayers.
For married taxpayers filing separately, the deduction shall be reduced by $1 for every $1 that the total combined adjusted federal adjusted gross income of both spouses exceeds $75,000.
For the purposes of this subdivision, "adjusted federal adjusted gross income" means federal adjusted gross income minus any benefits received under Title II of the Social Security Act and other benefits subject to federal income taxation solely pursuant to § 86 of the Internal Revenue Code, as amended.
6.
The amount an individual pays as a fee for an initial screening to become a possible bone marrow donor, if (i) the individual is not reimbursed for such fee or (ii) the individual has not claimed a deduction for the payment of such fee on his federal income tax return.
7.
a.
A deduction shall be allowed to the purchaser or contributor for the amount paid or contributed during the taxable year for a prepaid tuition contract or college savings trust account entered into with the Virginia College Savings Plan, pursuant to Chapter 7 (§ 23.1-700 et seq.) of Title 23.1.
Except as provided in subdivision b, the amount deducted on any individual income tax return in any taxable year shall be limited to $4,000 per prepaid tuition contract or college savings trust account.
No deduction shall be allowed pursuant to this subdivision 7 if such payments or contributions are deducted on the purchaser's or contributor's federal income tax return.
If the purchase price or annual contribution to a college savings trust account exceeds $4,000, the remainder may be carried forward and subtracted in future taxable years until the purchase price or college savings trust contribution has been fully deducted;
however, except as provided in subdivision b, in no event shall the amount deducted in any taxable year exceed $4,000 per contract or college savings trust account.
Notwithstanding the statute of limitations on assessments contained in § 58.1-312, any deduction taken hereunder shall be subject to recapture in the taxable year or years in which distributions or refunds are made for any reason other than (i) to pay qualified higher education expenses, as defined in § 529 of the Internal Revenue Code or (ii) the beneficiary's death, disability, or receipt of a scholarship.
For the purposes of this subdivision, "purchaser" or "contributor" means the person shown as such on the records of the Virginia College Savings Plan as of December 31 of the taxable year.
In the case of a transfer of ownership of a prepaid tuition contract or college savings trust account, the transferee shall succeed to the transferor's tax attributes associated with a prepaid tuition contract or college savings trust account, including, but not limited to, carryover and recapture of deductions.
of 12 b.
A purchaser of a prepaid tuition contract or contributor to a college savings trust account who has attained age 70 shall not be subject to the limitation that the amount of the deduction not exceed $4,000 per prepaid tuition contract or college savings trust account in any taxable year.
Such taxpayer shall be allowed a deduction for the full amount paid for the contract or contributed to a college savings trust account, less any amounts previously deducted.
8.
The total amount an individual actually contributed in funds to the Virginia Public School Construction Grants Program and Fund, established in Chapter 11.1 (§ 22.1-175.1 et seq.) of Title 22.1, provided that the individual has not claimed a deduction for such amount on his federal income tax return.
9.
An amount equal to 20 percent of the tuition costs incurred by an individual employed as a primary or secondary school teacher licensed pursuant to Chapter 15 (§ 22.1-289.1 et seq.) of Title 22.1 to attend continuing teacher education courses that are required as a condition of employment;
however, the deduction provided by this subdivision shall be available only if (i) the individual is not reimbursed for such tuition costs and (ii) the individual has not claimed a deduction for the payment of such tuition costs on his federal income tax return.
10.
The amount an individual pays annually in premiums for long-term health care insurance, provided that the individual has not claimed a deduction for federal income tax purposes, or, for taxable years beginning before January 1, 2014, a credit under § 58.1-339.11.
For taxable years beginning on and after January 1, 2014, no such deduction for long-term health care insurance premiums paid by the individual during the taxable year shall be allowed if the individual has claimed a federal income tax deduction for such taxable year for long-term health care insurance premiums paid by him.
11.
Contract payments to a producer of quota tobacco or a tobacco quota holder, or their spouses, as provided under the American Jobs Creation Act of 2004 (P.L.
108-357), but only to the extent that such payments have not been subtracted pursuant to subsection D of § 58.1-402, as follows:
a.
If the payment is received in installment payments, then the recognized gain may be subtracted in the taxable year immediately following the year in which the installment payment is received.
b.
If the payment is received in a single payment, then 10 percent of the recognized gain may be subtracted in the taxable year immediately following the year in which the single payment is received.
The taxpayer may then deduct an equal amount in each of the nine succeeding taxable years.
12.
An amount equal to 20 percent of the sum paid by an individual pursuant to Chapter 6 (§ 58.1-600 et seq.), not to exceed $500 in each taxable year, in purchasing for his own use the following items of tangible personal property:
(i) any clothes washers, room air conditioners, dishwashers, and standard size refrigerators that meet or exceed the applicable energy star efficiency requirements developed by the U.S.
Environmental Protection Agency and the U.S.
Department of Energy;
(ii) any fuel cell that (a) generates electricity using an electrochemical process, (b) has an electricity-only generation efficiency greater than 35 percent, and (c) has a generating capacity of at least two kilowatts;
(iii) any gas heat pump that has a coefficient of performance of at least 1.25 for heating and at least 0.70 for cooling;
(iv) any electric heat pump hot water heater that yields an energy factor of at least 1.7;
(v) any electric heat pump that has a heating system performance factor of at least 8.0 and a cooling seasonal energy efficiency ratio of at least 13.0;
(vi) any central air conditioner that has a cooling seasonal energy efficiency ratio of at least 13.5;
(vii) any advanced gas or oil water heater that has an energy factor of at least 0.65;
(viii) any advanced oil-fired boiler with a minimum annual fuel-utilization rating of 85;
(ix) any advanced oil-fired furnace with a minimum annual fuel-utilization rating of 85;
and (x) programmable thermostats.
13.
The lesser of $5,000 or the amount actually paid by a living donor of an organ or other living tissue for unreimbursed out-of-pocket expenses directly related to the donation that arose within 12 months of such donation, provided that the donor has not taken a medical deduction in accordance with the provisions of § 213 of the Internal Revenue Code for such expenses.
The deduction may be taken in the taxable year in which the donation is made or the taxable year in which the 12-month period expires.
14.
For taxable years beginning on and after January 1, 2013, the amount an individual age 66 or older with earned income of at least $20,000 for the year and federal adjusted gross income not in excess of $30,000 for the year pays annually in premiums for (i) a prepaid funeral insurance policy covering the individual or (ii) medical or dental insurance for any person for whom individual tax filers may claim a deduction for such premiums under federal income tax laws.
As used in this subdivision, "earned income" means the same as that term is defined in § 32(c) of the Internal Revenue Code.
The deduction shall not be allowed for any portion of such premiums paid for which the individual has (a) been reimbursed, (b) claimed a deduction for federal income tax purposes, (c) claimed a deduction or subtraction under another provision of this section, or (d) claimed a federal income tax credit or any income tax credit pursuant to this chapter.
15.
For taxable years beginning on and after January 1, 2018, 20 percent of business interest disallowed as a deduction pursuant to § 163(j) of the Internal Revenue Code.
For purposes of this subdivision, "business interest" means the same as that term is defined under § 163(j) of the Internal Revenue Code.
of 12 16.
For taxable years beginning on and after January 1, 2019, the actual amount of real and personal property taxes imposed by the Commonwealth or any other taxing jurisdiction not otherwise deducted solely on account of the dollar limitation imposed on individual deductions by § 164(b)(6)(B) of the Internal Revenue Code.
17.
For taxable years beginning on and after January 1, 2020, but before January 1, 2021, up to$100,000 of the amount that is not deductible when computing federal adjusted gross income solely on account of the portion of subdivision B 10 of § 58.1-301 related to Paycheck Protection Program loans.
§ 58.1-402.
Virginia taxable income.
A.
For purposes of this article, Virginia taxable income for a taxable year means the federal taxable income and any other income taxable to the corporation under federal law for such year of a corporation adjusted as provided in subsections B, C, D, E, G, and H.
For a regulated investment company and a real estate investment trust, such term means the "investment company taxable income" and "real estate investment trust taxable income," respectively, to which shall be added in each case any amount of capital gains and any other income taxable to the corporation under federal law which shall be further adjusted as provided in subsections B, C, D, E, G, and H.
Agency-issued identification cards, student identification cards, or license certificates issued or replaced on or after July 1, 2003, shall not display an individual's entire social security number except as provided in § 46.2-703.
There shall be added to the extent excluded from federal taxable income:
of 3 C.
1.
Any agency-issued identification card, student identification card, or license certificate that was issued prior to July 1, 2003, and that displays an individual's entire social security number shall be replaced no later than July 1, 2006, except that voter registration cards issued with a social security completion by the state and all localities of the decennial redistricting following the 2010 census.
Interest, less related expenses to the extent not deducted in determining federal taxable income, on obligations of any state other than Virginia, or of a political subdivision of any such other state unless created by compact or agreement to which the Commonwealth is a party;
This subsection shall not apply to (i) driver's licenses and special identification cards issued by the Department of Motor Vehicles pursuant to Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 and (ii) road tax registrations issued pursuant to § 46.2-703.
2.
letter, envelope, or package that displays a social security number on the face of the mailing envelope or package or from which a social security number is visible, whether on the outside or inside of the mailing envelope or package.
Interest or dividends, less related expenses to the extent not deducted in determining federal taxable income, on obligations or securities of any authority, commission or instrumentality of the United States, which the laws of the United States exempt from federal income tax but not from state income taxes;
E.
The provisions of subsections A and C shall not be applicable to licenses:
a national insurance producer identification number has been created and implemented in all states.as Commencing with the date of such implementation, the licenses issued by the State Corporation S Commission's Bureau of Insurance shall be issued in compliance with subsection A of this section.
Further, all licenses issued prior to the date of such implementation shall be replaced no later than 12 mon2.
Any lawful warrant for personal donor information issued by a court of competent jurisdicNion;
Any lawful request for discovery of personal donor information in litigation if (i) the requester demonstrates a compelling need for the personal donor information by clear and convincing evideAce person not directly involved in the litigation.
[Repealed.] 4.
As used in this subdivision, "person" means an individual, partnership, corporation, association, governmental entity, or other legal entity;
The amount of any net income taxes and other taxes, including franchise and excise taxes, which are based on, measured by, or computed with reference to net income, imposed by the Commonwealth or any other taxing jurisdiction, to the extent deducted in determining federal taxable income;
T 4.
5.
Any admission of relevant personal donor information as evidence before a court of competEnt jurisdiction;
Unrelated business taxable income as defined by § 512 of the Internal Revenue Code;
§ 57-59;
6.
orawful investigation or enforcement action conducted pursuant to subsection C or D of 6.
[Repealed.] 7.
Any form prescribed by the Virginia Conflict of Interest and Ethics Advisory Council.
The amount required to be included in income for the purpose of computing the partial tax on an accumulation distribution pursuant to § 667 of the Internal Revenue Code;
8.
a.
For taxable years beginning on and after January 1, 2004, the amount of any intangible expenses and costs directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with one or more related members to the extent such expenses and costs were deductible or deducted in computing federal taxable income for Virginia purposes.
This addition shall not be required for any portion of the intangible expenses and costs if one of the following applies:
(1) The corresponding item of income received by the related member is subject to a tax based on or measured by net income or capital imposed by Virginia, another state, or a foreign government that has entered into a comprehensive tax treaty with the United States government;
(2) The related member derives at least one-third of its gross revenues from the licensing of intangible property to parties who are not related members, and the transaction giving rise to the expenses and costs between the corporation and the related member was made at rates and terms comparable to the rates and terms of agreements that the related member has entered into with parties who are not related members for the licensing of intangible property;
or (3) The corporation can establish to the satisfaction of the Tax Commissioner that the intangible expenses and costs meet both of the following:
(i) the related member during the same taxable year directly or indirectly paid, accrued or incurred such portion to a person who is not a related member, and (ii) the transaction giving rise to the intangible expenses and costs between the corporation and the related member did not have as a principal purpose the avoidance of any portion of the tax due under this chapter.
b.
A corporation required to add to its federal taxable income intangible expenses and costs pursuant to subdivision a may petition the Tax Commissioner, after filing the related income tax return for the taxable year and remitting to the Tax Commissioner all taxes, penalties, and interest due under this article for such taxable year including tax upon any amount of intangible expenses and costs required to be added to federal taxable income pursuant to subdivision a, to consider evidence relating to the transaction or transactions between the corporation and a related member or members that resulted in the corporation's taxable income being increased, as required under subdivision a, for such intangible expenses and costs.
If the corporation can demonstrate to the Tax Commissioner's sole satisfaction, by clear and convincing evidence, that the transaction or transactions between the corporation and a related member or members resulting in such increase in taxable income pursuant to subdivision a had a valid business purpose other than the avoidance or reduction of the tax due under this chapter, the Tax Commissioner of 12 shall permit the corporation to file an amended return.
For purposes of such amended return, the requirements of subdivision a shall not apply to any transaction for which the Tax Commissioner is satisfied (and has identified) that the transaction had a valid business purpose other than the avoidance or reduction of the tax due under this chapter.
Such amended return shall be filed by the corporation within one year of the written permission granted by the Tax Commissioner and any refund of the tax imposed under this article shall include interest at a rate equal to the rate of interest established under § 58.1-15 and such interest shall accrue as provided under § 58.1-1833.
However, upon the filing of such amended return, any related member of the corporation that subtracted from taxable income amounts received pursuant to subdivision C 21 shall be subject to the tax imposed under this article on that portion of such amounts for which the corporation has filed an amended return pursuant to this subdivision.
In addition, for such transactions identified by the Tax Commissioner herein by which he has been satisfied by clear and convincing evidence, the Tax Commissioner may permit the corporation in filing income tax returns for subsequent taxable years to deduct the related intangible expenses and costs without making the adjustment under subdivision a.
The Tax Commissioner may charge a fee for all direct and indirect costs relating to the review of any petition pursuant to this subdivision, to include costs necessary to secure outside experts in evaluating the petition.
The Tax Commissioner may condition the review of any petition pursuant to this subdivision upon payment of such fee.
No suit for the purpose of contesting any action of the Tax Commissioner under this subdivision shall be maintained in any court of this Commonwealth.
c.
Nothing in subdivision B 8 shall be construed to limit or negate the Department's authority under § 58.1-446;
9.
a.
For taxable years beginning on and after January 1, 2004, the amount of any interest expenses and costs directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with one or more related members to the extent such expenses and costs were deductible or deducted in computing federal taxable income for Virginia purposes.
This addition shall not be required for any portion of the interest expenses and costs, if:
(1) The related member has substantial business operations relating to interest-generating activities, in which the related member pays expenses for at least five full-time employees who maintain, manage, defend or are otherwise responsible for operations or administration relating to the interest-generating activities;
and (2) The interest expenses and costs are not directly or indirectly for, related to or in connection with the direct or indirect acquisition, maintenance, management, sale, exchange, or disposition of intangible property;
and (3) The transaction giving rise to the expenses and costs between the corporation and the related member has a valid business purpose other than the avoidance or reduction of taxation and payments between the parties are made at arm's length rates and terms;
and (4) One of the following applies:
(i) The corresponding item of income received by the related member is subject to a tax based on or measured by net income or capital imposed by Virginia, another state, or a foreign government that has entered into a comprehensive tax treaty with the United States government;
(ii) Payments arise pursuant to a pre-existing contract entered into when the parties were not related members provided the payments continue to be made at arm's length rates and terms;
(iii) The related member engages in transactions with parties other than related members that generate revenue in excess of $2 million annually;
or (iv) The transaction giving rise to the interest payments between the corporation and a related member was done at arm's length rates and terms and meets any of the following:
(a) the related member uses funds that are borrowed from a party other than a related member or that are paid, incurred or passed-through to a person who is not a related member;
(b) the debt is part of a regular and systematic funds management or portfolio investment activity conducted by the related member, whereby the funds of two or more related members are aggregated for the purpose of achieving economies of scale, the internal financing of the active business operations of members, or the benefit of centralized management of funds;
(c) financing the expansion of the business operations;
or (d) restructuring the debt of related members, or the pass-through of acquisition-related indebtedness to related members.
b.
A corporation required to add to its federal taxable income interest expenses and costs pursuant to subdivision a may petition the Tax Commissioner, after filing the related income tax return for the taxable year and remitting to the Tax Commissioner all taxes, penalties, and interest due under this article for such taxable year including tax upon any amount of interest expenses and costs required to be added to federal taxable income pursuant to subdivision a, to consider evidence relating to the transaction or transactions between the corporation and a related member or members that resulted in the corporation's taxable income being increased, as required under subdivision a, for such interest expenses and costs.
If the corporation can demonstrate to the Tax Commissioner's sole satisfaction, by clear and convincing evidence, that the transaction or transactions between the corporation and a related member of 12 or members resulting in such increase in taxable income pursuant to subdivision a had a valid business purpose other than the avoidance or reduction of the tax due under this chapter and that the related payments between the parties were made at arm's length rates and terms, the Tax Commissioner shall permit the corporation to file an amended return.
For purposes of such amended return, the requirements of subdivision a shall not apply to any transaction for which the Tax Commissioner is satisfied (and has identified) that the transaction had a valid business purpose other than the avoidance or reduction of the tax due under this chapter and that the related payments between the parties were made at arm's length rates and terms.
Such amended return shall be filed by the corporation within one year of the written permission granted by the Tax Commissioner and any refund of the tax imposed under this article shall include interest at a rate equal to the rate of interest established under § 58.1-15 and such interest shall accrue as provided under § 58.1-1833.
However, upon the filing of such amended return, any related member of the corporation that subtracted from taxable income amounts received pursuant to subdivision C 21 shall be subject to the tax imposed under this article on that portion of such amounts for which the corporation has filed an amended return pursuant to this subdivision.
In addition, for such transactions identified by the Tax Commissioner herein by which he has been satisfied by clear and convincing evidence, the Tax Commissioner may permit the corporation in filing income tax returns for subsequent taxable years to deduct the related interest expenses and costs without making the adjustment under subdivision a.
The Tax Commissioner may charge a fee for all direct and indirect costs relating to the review of any petition pursuant to this subdivision, to include costs necessary to secure outside experts in evaluating the petition.
The Tax Commissioner may condition the review of any petition pursuant to this subdivision upon payment of such fee.
No suit for the purpose of contesting any action of the Tax Commissioner under this subdivision shall be maintained in any court of this Commonwealth.
c.
Nothing in subdivision B 9 shall be construed to limit or negate the Department's authority under § 58.1-446.
d.
For purposes of subdivision B 9:
"Arm's-length rates and terms" means that (i) two or more related members enter into a written agreement for the transaction, (ii) such agreement is of a duration and contains payment terms substantially similar to those that the related member would be able to obtain from an unrelated entity, (iii) the interest is at or below the applicable federal rate compounded annually for debt instruments under § 1274(d) of the Internal Revenue Code that was in effect at the time of the agreement, and (iv) the borrower or payor adheres to the payment terms of the agreement governing the transaction or any amendments thereto.
"Valid business purpose" means one or more business purposes that alone or in combination constitute the motivation for some business activity or transaction, which activity or transaction improves, apart from tax effects, the economic position of the taxpayer, as further defined by regulation.
10.
a.
For taxable years beginning on and after January 1, 2009, the amount of dividends deductible under §§ 561 and 857 of the Internal Revenue Code by a Captive Real Estate Investment Trust (REIT).
For purposes of this subdivision, a REIT is a Captive REIT if:
(1) It is not regularly traded on an established securities market;
(2) More than 50 percent of the voting power or value of beneficial interests or shares of which, at any time during the last half of the taxable year, is owned or controlled, directly or indirectly, by a single entity that is (i) a corporation or an association taxable as a corporation under the Internal Revenue Code;
and (ii) not exempt from federal income tax pursuant to § 501(a) of the Internal Revenue Code;
and (3) More than 25 percent of its income consists of rents from real property as defined in § 856(d) of the Internal Revenue Code.
b.
For purposes of applying the ownership test of subdivision 10 a (2), the following entities shall not be considered a corporation or an association taxable as a corporation:
(1) Any REIT that is not treated as a Captive REIT;
(2) Any REIT subsidiary under § 856 of the Internal Revenue Code other than a qualified REIT subsidiary of a Captive REIT;
(3) Any Listed Australian Property Trust, or an entity organized as a trust, provided that a Listed Australian Property Trust owns or controls, directly or indirectly, 75 percent or more of the voting or value of the beneficial interests or shares of such trust;
and (4) Any Qualified Foreign Entity.
c.
For purposes of subdivision B 10, the constructive ownership rules prescribed under § 318(a) of the Internal Revenue Code, as modified by § 856(d)(5) of the Internal Revenue Code, shall apply in determining the ownership of stock, assets, or net profits of any person.
d.
For purposes of subdivision B 10:
"Listed Australian Property Trust" means an Australian unit trust registered as a Management Investment Scheme, pursuant to the Australian Corporations Act, in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities of 12 market.
"Qualified Foreign Entity" means a corporation, trust, association or partnership organized outside the laws of the United States and that satisfies all of the following criteria:
(1) At least 75 percent of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined in § 856(c)(5)(B) of the Internal Revenue Code, thereby including shares or certificates of beneficial interest in any REIT, cash and cash equivalents, and U.S.
Government securities;
(2) The entity is not subject to a tax on amounts distributed to its beneficial owners, or is exempt from entity level tax;
(3) The entity distributes, on an annual basis, at least 85 percent of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest;
(4) The shares or certificates of beneficial interest of such entity are regularly traded on an established securities market or, if not so traded, not more than 10 percent of the voting power or value in such entity is held directly, indirectly, or constructively by a single entity or individual;
and (5) The entity is organized in a country that has a tax treaty with the United States.
e.
For taxable years beginning on or after January 1, 2016, for purposes of subdivision B 10, any voting power or value of the beneficial interests or shares in a REIT that is held in a segregated asset account of a life insurance corporation as described in § 817 of the Internal Revenue Code shall not be taken into consideration when determining if such REIT is a Captive REIT.
11.
For taxable years beginning on or after January 1, 2016, to the extent that tax credit is allowed for the same donation pursuant to § 58.1-439.12:12, any amount claimed as a federal income tax deduction for such donation under § 170 of the Internal Revenue Code, as amended or renumbered.
C.
There shall be subtracted to the extent included in and not otherwise subtracted from federal taxable income:
1.
Income derived from obligations, or on the sale or exchange of obligations, of the United States and on obligations or securities of any authority, commission or instrumentality of the United States to the extent exempt from state income taxes under the laws of the United States including, but not limited to, stocks, bonds, treasury bills, and treasury notes, but not including interest on refunds of federal taxes, interest on equipment purchase contracts, or interest on other normal business transactions.
2.
Income derived from obligations, or on the sale or exchange of obligations of this Commonwealth or of any political subdivision or instrumentality of this Commonwealth.
3.
Dividends upon stock in any domestic international sales corporation, as defined by § 992 of the Internal Revenue Code, 50 percent or more of the income of which was assessable for the preceding year, or the last year in which such corporation has income, under the provisions of the income tax laws of the Commonwealth.
4.
The amount of any refund or credit for overpayment of income taxes imposed by this Commonwealth or any other taxing jurisdiction.
5.
Any amount included therein by the operation of the provisions of § 78 of the Internal Revenue Code (foreign dividend gross-up).
6.
The amount of wages or salaries eligible for the federal Targeted Jobs Credit which was not deducted for federal purposes on account of the provisions of § 280C(a) of the Internal Revenue Code.
7.
Any amount included therein by the operation of § 951 of the Internal Revenue Code (subpart F income) or, for taxable years beginning on and after January 1, 2018, § 951A of the Internal Revenue Code (Global Intangible Low-Taxed Income).
8.
Any amount included therein which is foreign source income as defined in § 58.1-302.
9.
[Repealed.] 10.
The amount of any dividends received from corporations in which the taxpaying corporation owns 50 percent or more of the voting stock.
11.
[Repealed.] 12, 13.
[Expired.] 14.
For taxable years beginning on or after January 1, 1995, the amount for "qualified research expenses" or "basic research expenses" eligible for deduction for federal purposes, but which were not deducted, on account of the provisions of § 280C(c) of the Internal Revenue Code.
15.
For taxable years beginning on or after January 1, 2000, the total amount actually contributed in funds to the Virginia Public School Construction Grants Program and Fund established in Chapter 11.1 (§ 22.1-175.1 et seq.) of Title 22.1.
16.
For taxable years beginning on or after January 1, 2000, but before January 1, 2015, the gain derived from the sale or exchange of real property or the sale or exchange of an easement to real property which results in the real property or the easement thereto being devoted to open-space use, as that term is defined in § 58.1-3230, for a period of time not less than 30 years.
To the extent a subtraction is taken in accordance with this subdivision, no tax credit under this chapter for donating land for its preservation shall be allowed for three years following the year in which the subtraction is taken.
of 12 17.
For taxable years beginning on and after January 1, 2001, any amount included therein with respect to § 58.1-440.1.
18.
For taxable years beginning on and after January 1, 1999, income received as a result of (i) the "Master Settlement Agreement," as defined in § 3.2-3100;
and (ii) the National Tobacco Grower Settlement Trust dated July 19, 1999, by (a) tobacco farming businesses;
(b) any business holding a tobacco marketing quota, or tobacco farm acreage allotment, under the Agricultural Adjustment Act of 1938;
or (c) any business having the right to grow tobacco pursuant to such a quota allotment.
19, 20.
[Repealed.] 21.
For taxable years beginning on and after January 1, 2004, any amount of intangible expenses and costs or interest expenses and costs added to the federal taxable income of a corporation pursuant to subdivision B 8 or B 9 shall be subtracted from the federal taxable income of the related member that received such amount if such related member is subject to Virginia income tax on the same amount.
22.
For taxable years beginning on and after January 1, 2009, any gain recognized from the sale of launch services to space flight participants, as defined in 49 U.S.C.
§ 70102, or launch services intended to provide individuals the training or experience of a launch, without performing an actual launch.
To qualify for a deduction under this subdivision, launch services must be performed in Virginia or originate from an airport or spaceport in Virginia.
23.
For taxable years beginning on and after January 1, 2009, any gain recognized as a result of resupply services contracts for delivering payload, as defined in 49 U.S.C.
§ 70102, entered into with the Commercial Orbital Transportation Services division of the National Aeronautics and Space Administration or other space flight entity, as defined in § 8.01-227.8, and launched from an airport or spaceport in Virginia.
24.
For taxable years beginning on or after January 1, 2011, any income taxed as a long-term capital gain for federal income tax purposes, or any income taxed as investment services partnership interest income (otherwise known as investment partnership carried interest income) for federal income tax purposes.
To qualify for a subtraction under this subdivision, such income must be attributable to an investment in a "qualified business," as defined in § 58.1-339.4, or in any other technology business approved by the Secretary of Administration, provided the business has its principal office or facility in the Commonwealth and less than $3 million in annual revenues in the fiscal year prior to the investment.
To qualify for a subtraction under this subdivision, the investment must be made between the dates of April 1, 2010, and June 30, 2020.
No taxpayer who has claimed a tax credit for an investment in a "qualified business" under § 58.1-339.4 shall be eligible for the subtraction under this subdivision for an investment in the same business.
25.
a.
Income, including investment services partnership interest income (otherwise known as investment partnership carried interest income), attributable to an investment in a Virginia venture capital account.
To qualify for a subtraction under this subdivision, the investment shall be made on or after January 1, 2018, but before December 31, 2023.
No subtraction shall be allowed under this subdivision for an investment in a company that is owned or operated by an affiliate of the taxpayer.
No subtraction shall be allowed under this subdivision for a taxpayer who has claimed a subtraction under subdivision C 24 for the same investment.
b.
As used in this subdivision 25:
"Qualified portfolio company" means a company that (i) has its principal place of business in the Commonwealth;
(ii) has a primary purpose of production, sale, research, or development of a product or service other than the management or investment of capital;
and (iii) provides equity in the company to the Virginia venture capital account in exchange for a capital investment.
"Qualified portfolio company" does not include a company that is an individual or sole proprietorship.
"Virginia venture capital account" means an investment fund that has been certified by the Department as a Virginia venture capital account.
In order to be certified as a Virginia venture capital account, the operator of the investment fund shall register the investment fund with the Department prior to December 31, 2023, (i) indicating that it intends to invest at least 50 percent of the capital committed to its fund in qualified portfolio companies and (ii) providing documentation that it employs at least one investor who has at least four years of professional experience in venture capital investment or substantially equivalent experience.
"Substantially equivalent experience" includes, but is not limited to, an undergraduate degree from an accredited college or university in economics, finance, or a similar field of study.
The Department may require an investment fund to provide documentation of the investor's training, education, or experience as deemed necessary by the Department to determine substantial equivalency.
If the Department determines that the investment fund employs at least one investor with the experience set forth herein, the Department shall certify the investment fund as a Virginia venture capital account at such time as the investment fund actually invests at least 50 percent of the capital committed to its fund in qualified portfolio companies.
26.
a.
Income attributable to an investment in a Virginia real estate investment trust.
To qualify for a subtraction under this subdivision, the investment shall be made on or after January 1, 2019, but before December 31, 2024.
No subtraction shall be allowed for an investment in a trust that is managed by an affiliate of the taxpayer.
No subtraction shall be allowed under this subdivision for a taxpayer who has of 12 claimed a subtraction under subdivision C 24 or 25 for the same investment.
b.
As used in this subdivision 26:
"Distressed" means satisfying the criteria applicable to a locality described in subdivision E 2 of § 2.2-115.
"Double distressed" means satisfying the criteria applicable to a locality described in subdivision E 3 of § 2.2-115.
"Virginia real estate investment trust" means a real estate investment trust, as defined in 26 U.S.C.
§ 856, that has been certified by the Department as a Virginia real estate investment trust.
In order to be certified as a Virginia real estate investment trust, the trustee shall register the trust with the Department prior to December 31, 2024, indicating that it intends to invest at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in real estate in localities that are distressed or double distressed.
If the Department determines that the trust satisfies the preceding criteria, the Department shall certify the trust as a Virginia real estate investment trust at such time as the trust actually invests at least 90 percent of trust funds in Virginia and at least 40 percent of trust funds in real estate in localities that are distressed or double distressed.
27.
For taxable years beginning on and after January 1, 2019, any gain recognized from the taking of real property by condemnation proceedings.
28.
For taxable years beginning on and after January 1, 2020, but before January 1, 2021, up to $100,000 of all grant funds received by the taxpayer under the Rebuild Virginia program established by the Governor and administered by the Department of Small Business and Supplier Diversity.
D.
For taxable years beginning on and after January 1, 2006, there shall be subtracted from federal taxable income contract payments to a producer of quota tobacco or a tobacco quota holder as provided under the American Jobs Creation Act of 2004 (P.L.
108-357) as follows:
1.
If the payment is received in installment payments, then the recognized gain, including any gain recognized in taxable year 2005, may be subtracted in the taxable year immediately following the year in which the installment payment is received.
2.
If the payment is received in a single payment, then 10 percent of the recognized gain may be subtracted in the taxable year immediately following the year in which the single payment is received.
The taxpayer may then deduct an equal amount in each of the nine succeeding taxable years.
E.
Adjustments to federal taxable income shall be made to reflect the transitional modifications provided in § 58.1-315.
A person alleging a violation of this section may bring a civil action for appropriate injunctive relief.
Notwithstanding any other provision of law, the income from any disposition of real property which is held by the taxpayer for sale to customers in the ordinary course of the taxpayer's trade or business, as defined in § 453(l)(1)(B) of the Internal Revenue Code, of property made on or after January 1, 2009, may, at the election of the taxpayer, be recognized under the installment method described under § 453 of the Internal Revenue Code, provided that (i) the election relating to the dealer disposition of the property has been made on or before the due date prescribed by law (including extensions) for filing the taxpayer's return of the tax imposed under this chapter for the taxable year in which the disposition occurs, and (ii) the dealer disposition is in accordance with restrictions or conditions established by the Department, which shall be set forth in guidelines developed by the Department.
A court rendering judgment in favor of a complainant pursuant to this subsection shall Uward all complainant.
Along with such restrictions or conditions, the guidelines shall also address the recapture of such income under certain circumstances.
of the costs of litigation, including reasonable attorney fees and witness fees, tB the G.
The development of the guidelines shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.).
A person who knowingly violates this section is guilty of a misdemeanor punishable by S imprisonment of up to 90 days, a fine up to $1,000, or both.
G.
For taxable years beginning on and after January 1, 2018, there shall be deducted to the extent included in and not otherwise subtracted from federal taxable income 20 percent of business interest disallowed as a deduction pursuant to § 163(j) of the Internal Revenue Code.
For purposes of this subsection, "business interest" means the same as that term is defined under § 163(j) of the Internal Revenue Code.
Nothing in this section shall apply to the Campaign Finance Disclosure Act of 2006 (§ 24.T-945 et I.
For taxable years beginning on and after January 1, 2020, but before January 1, 2021, there shall be deducted to the extent not otherwise subtracted from federal taxable income up to $100,000 of the amount that is not deductible when computing federal taxable income solely on account of the portion of subdivision B 10 of § 58.1-301 related to Paycheck Protection Program loans.
As used in this section, "personal donor information" means names and data of any kind collected for the purpose of directly or indirectly identifying an individual as a member, supporter, or Tolunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax pursuant to § 501(c) of the Internal Revenue Code.
2.
U T E B S 3
That an emergency exists and this act is in force from its passage.
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Action History

  1. of adjournment of the 2022 Special Session l)

  2. Approved by Governor-Chapter 19 (effective on the 1st day of the 4th month following the month

  3. Governor's Action Deadline 11:59 p.m., August 4, 2022

  4. Enrolled Bill Communicated to Governor on July 28, 2022

  5. Signed by President

  6. Signed by Speaker

  7. Enrolled

  8. Conference report agreed to by Senate (39-Y 0-N)

  9. Impact statement from DPB (SB324S3)

  10. Impact statement from DPB (SB324S3)

  11. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  12. VOTE: Adoption (49-Y 43-N)

  13. Conference report agreed to by House (49-Y 43-N)

  14. Conference substitute printed 22107924D-S3

  15. Second conferees appointed by Senate

  16. Senate acceded to request for second conference committee (40-Y 0-N)

  17. Second conferees appointed by House

  18. House acceded to request for second conference committee

  19. Senate requested second conference committee (40-Y 0-N)

  20. Continued to 2022 Sp. Sess. 1 pursuant to HJR455

  21. VOTE: Adoption (49-Y 43-N)

  22. Conference report agreed to by House (49-Y 43-N)

  23. Conference substitute printed 22107924D-S3

  24. Second conferees appointed by Senate

  25. Senate acceded to request for second conference committee (40-Y 0-N)

  26. Second conferees appointed by House

  27. House acceded to request for second conference committee

  28. Senate requested second conference committee (40-Y 0-N)

  29. VOTE: Rejected #2 (0-Y 96-N)

  30. Conference report rejected by House (0-Y 96-N)

  31. Reconsideration of conference report agreed to by House

  32. VOTE: Adoption (53-Y 43-N)

  33. Conference report agreed to by House (53-Y 43-N)

  34. Amended by conference committee

  35. Conference report agreed to by Senate (39-Y 1-N)

  36. VOTE: Rejected #2 (0-Y 96-N)

  37. Conference report rejected by House (0-Y 96-N)

  38. Reconsideration of conference report agreed to by House

  39. VOTE: Adoption (53-Y 43-N)

  40. Conference report agreed to by House (53-Y 43-N)

  41. Amended by conference committee

  42. Conference report agreed to by Senate (39-Y 1-N)

  43. Conferees appointed by House

  44. Conferees appointed by House

  45. Conferees appointed by Senate

  46. Senate acceded to request (39-Y 0-N)

  47. Conferees appointed by Senate

  48. Senate acceded to request (39-Y 0-N)

  49. House requested conference committee

  50. House insisted on substitute

  51. House requested conference committee

  52. House insisted on substitute

  53. House substitute rejected by Senate (0-Y 40-N)

  54. House substitute rejected by Senate (0-Y 40-N)

  55. Impact statement from DPB (SB324H1)

  56. VOTE: Passage (52-Y 47-N)

  57. Passed House with substitute (52-Y 47-N)

  58. Engrossed by House - committee substitute SB324H1

  59. Committee substitute agreed to 22106825D-H1

  60. Read third time

  61. Impact statement from DPB (SB324H1)

  62. VOTE: Passage (52-Y 47-N)

  63. Passed House with substitute (52-Y 47-N)

  64. Engrossed by House - committee substitute SB324H1

  65. Committee substitute agreed to 22106825D-H1

  66. Read third time

  67. Read second time

  68. Read second time

  69. Committee substitute printed 22106825D-H1

  70. Reported from General Laws with substitute (12-Y 10-N)

  71. Committee substitute printed 22106825D-H1

  72. Reported from General Laws with substitute (12-Y 10-N)

  73. Referred to Committee on General Laws

  74. Read first time

  75. Placed on Calendar

  76. Referred to Committee on General Laws

  77. Read first time

  78. Placed on Calendar

  79. Impact statement from DPB (SB324ES2)

  80. Impact statement from DPB (SB324ES2)

  81. Read third time and passed Senate (40-Y 0-N)

  82. Read third time and passed Senate (40-Y 0-N)

  83. Printed as engrossed 22106393D-ES2

  84. Engrossed by Senate - committee substitute with amendments SB324ES2

  85. Amendments by Senator Vogel agreed to

  86. Reading of amendments waived

  87. Committee substitute agreed to 22106393D-S2

  88. Reading of substitute waived

  89. Committee substitute rejected 22105884D-S1

  90. Read second time

  91. Printed as engrossed 22106393D-ES2

  92. Engrossed by Senate - committee substitute with amendments SB324ES2

  93. Amendments by Senator Vogel agreed to

  94. Reading of amendments waived

  95. Committee substitute agreed to 22106393D-S2

  96. Reading of substitute waived

  97. Committee substitute rejected 22105884D-S1

  98. Read second time

  99. Constitutional reading dispensed (40-Y 0-N)

  100. Constitutional reading dispensed (40-Y 0-N)

  101. Committee substitute printed 22106393D-S2

  102. Reported from Finance and Appropriations with substitute (16-Y 0-N)

  103. Impact statement from DPB (SB324S1)

  104. Committee substitute printed 22106393D-S2

  105. Reported from Finance and Appropriations with substitute (16-Y 0-N)

  106. Impact statement from DPB (SB324S1)

  107. Rereferred to Finance and Appropriations

  108. Committee substitute printed 22105884D-S1

  109. Reported from General Laws and Technology with substitute (14-Y 0-N 1-A)

  110. Senate committee, floor amendments and substitutes offered

  111. Rereferred to Finance and Appropriations

  112. Committee substitute printed 22105884D-S1

  113. Reported from General Laws and Technology with substitute (14-Y 0-N 1-A)

  114. Senate committee, floor amendments and substitutes offered

  115. Impact statement from DPB (SB324)

  116. Impact statement from DPB (SB324)

  117. Referred to Committee on General Laws and Technology

  118. Prefiled and ordered printed; offered 01/12/22 22102713D

  119. Referred to Committee on General Laws and Technology

  120. Prefiled and ordered printed; offered 01/12/22 22102713D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on · 84 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Conference report agreed to by Senate (39-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Not Voting
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

Senate requested second conference committee (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Adoption (49-Y 43-N)

Passed 48 Yea · 43 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 484308
Total 484308
% of votes cast 48%43%0%8%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Alfonso H. Lopez — Nay
Angelia Williams Graves — Nay
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bill Wiley — Yea
Bourne, Jeffrey M. — Nay
Briana D. Sewell — Nay
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Campbell, Jeffrey L. — Not Voting
Campbell, Ronnie R. — Yea
Charniele L. Herring — Nay
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Nay
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Davis, Glenn R. — Yea
Delores L. McQuinn — Not Voting
Don Scott — Nay
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Nay
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Nay
Guzman, Elizabeth R. — Nay
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Nay
Irene Shin — Nay
Israel D. O'Quinn — Yea
Jackie H. Glass — Nay
James A. "Jay" Leftwich — Yea
James W. Morefield — Not Voting
Jason S. Ballard — Yea
Jeion A. Ward — Not Voting
Jenkins, Clinton L. — Nay
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Not Voting
Luke E. Torian — Nay
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Nay
Mundon King, Candi — Nay
Murphy, Kathleen — Nay
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Phillip A. Scott — Yea
Plum, Kenneth R. — Not Voting
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Nay
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Yea
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Tara A. Durant — Not Voting
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Nay
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Senate acceded to request for second conference committee (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Adoption (53-Y 43-N)

Passed 52 Yea · 43 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 524304
Total 524304
% of votes cast 53%43%0%4%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Alfonso H. Lopez — Nay
Angelia Williams Graves — Nay
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bill Wiley — Yea
Bourne, Jeffrey M. — Nay
Briana D. Sewell — Yea
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Not Voting
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Nay
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Nay
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Davis, Glenn R. — Yea
Delores L. McQuinn — Nay
Don Scott — Nay
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Nay
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Nay
Guzman, Elizabeth R. — Nay
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Nay
Irene Shin — Nay
Israel D. O'Quinn — Yea
Jackie H. Glass — Nay
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Nay
Jenkins, Clinton L. — Nay
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Not Voting
Luke E. Torian — Nay
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Nay
Mundon King, Candi — Nay
Murphy, Kathleen — Nay
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Phillip A. Scott — Yea
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Not Voting
Rodney T. Willett — Nay
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Yea
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Tara A. Durant — Not Voting
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Conference report agreed to by Senate (39-Y 1-N)

Passed 39 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39100
Total 39100
% of votes cast 98%3%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Nay
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

House substitute rejected by Senate (0-Y 40-N)

Failed 0 Yea · 40 Nay
Party YeaNayPresentNot Voting
Unaffiliated 04000
Total 04000
% of votes cast 0%100%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Spruill, Lionell, Sr. — Nay
Barbara A. Favola — Nay
Barker, George L. — Nay
Bell, John J. — Nay
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Nay
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Nay
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Nay
Howell, Janet D. — Nay
Jennifer B. Boysko — Nay
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Nay
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Nay
Scott A. Surovell — Nay
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

VOTE: Passage (52-Y 47-N)

Passed 51 Yea · 47 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 514701
Total 514701
% of votes cast 52%47%0%1%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Alfonso H. Lopez — Nay
Angelia Williams Graves — Nay
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bill Wiley — Yea
Bourne, Jeffrey M. — Nay
Briana D. Sewell — Nay
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Nay
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Nay
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Not Voting
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Davis, Glenn R. — Yea
Delores L. McQuinn — Nay
Don Scott — Nay
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Nay
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Nay
Guzman, Elizabeth R. — Nay
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Nay
Irene Shin — Nay
Israel D. O'Quinn — Yea
Jackie H. Glass — Nay
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Nay
Jenkins, Clinton L. — Nay
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Nay
Luke E. Torian — Nay
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Nay
Mundon King, Candi — Nay
Murphy, Kathleen — Nay
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Phillip A. Scott — Yea
Plum, Kenneth R. — Nay
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Nay
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Yea
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Nay
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from General Laws and Technology with substitute (14-Y 0-N 1-A)

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 14001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Barker, George L. — Yea
Bell, John J. — Yea
Bryce E. Reeves — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Not Voting
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
Mamie E. Locke — Yea
Mason, T. Montgomery "Monty" — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

What does SB 324 do?
Public agencies; privacy of personal information; penalty. Provides that public agencies shall not request personal information, defined in the bill, from (i) any individual or any entity organized under § 501(c) of the Internal Revenue Code or (ii) any bidder, offeror, or contractor of an agency. The bill prohibits such public agencies from disclosing personal information without the express, written permission of every individual who is identifiable from the potential release of such personal information, including individuals identifiable as members, supporters, or volunteers of, or donors to, the agency. The bill exempts the Campaign Finance Disclosure Act of 2006 from the requirements that public agencies protect personal information and refrain from requesting personal information.
Who sponsors SB 324?
SB 324 is sponsored by Vogel, Jill Holtzman.
What is the current status of SB 324?
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Where can I track SB 324?
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