Rulings of the Tax Commissioner
Document Number: 91-132
Tax Type:Corporation Income Tax
Brief Description:Filing change from consolidated to combined; Request denied
Date Issued:07/29/1991
July 29, 1991

Re: 58.1-1821 Application; Corporation Income Tax


This will reply to your letter of December 26, 1990, in which you seek correction of an assessment of corporation income tax for**************** ("the Taxpayer").

For 1989, the taxpayer filed a combined Virginia corporation income tax return which included, for the first time, two telecommunication companies. The taxpayer asserts that it paid the minimum tax on telecommunications companies, pursuant to Va. Code 58.1-400.1, because it was greater than the corporation income tax liabilities for the companies and the combined income tax liability of the affiliated group. The taxpayer contends that estimated payments for 1989 were made by the telecommunications companies equal to the tax liability shown on the return. The department could not attribute any payments to the combined return, and tax was assessed.

Under 7.A. of Virginia Regulation (VR) 630-3-400.1, telecommunications companies must conform to the filing election previously made by other members of their affiliated group. In this case, the taxpayer and its affiliates have been filing a combined Virginia return since 1985. The telecommunications companies were properly included in the taxpayer's 1989 combined return, conforming to the affiliated group's previous election.

The minimum tax on the telecommunications companies exceeded the combined income tax liability of the affiliated group; therefore, the minimum tax was due in lieu of the income tax. From the information provided, it appears that the tax payments made by the telecommunications companies were not properly credited to the affiliated group's combined return because they were not made in the name and federal employer identification number (FEIN) of the "Lead" corporation for the combined return (the taxpayer). Therefore, the department was not able to match the telecommunications companies' payments to the combined return, which was filed under the FEIN of the taxpayer.

The return will be referred to our Manual Compliance Unit for audit. Any payments in the name of other than the "Lead" corporation will be transferred, the two telecommunications companies will have their identification numbers consolidated with the taxpayer's number, and the correct tax liability will be determined.

To facilitate their review, please provide proof of all tax payments for 1989 (copies of estimated vouchers and the accompanying checks for the 1990 taxable year were sent with your letter). once all payments are verified and transferred to the name of the "Lead" corporation, you will receive an updated assessment.

It is important to note that when making tax payments (including estimated taxes) as a member of an affiliated group, the payments should be made under the name and FEIN of the "Lead" corporation for the affiliated group. This allows the department to properly credit the combined return (filed under the name and FEIN of the "Lead" corporation) with the payments made. This procedure should be followed for all future payments.

Please submit the requested information to the department's Technical Services Section, P.O. Box 6-L, Richmond, Virginia 23282.


W. H. Forst
Tax Commissioner