Late Payment Information
Real estate due dates are June 5 and December 5, and personal property tax is due December 5. Payments for all tax must be paid or postmarked on or before the due date. The due dates for supplemental billings are stated on the notice.
LATE PAYMENT PENALTY and INTEREST
The late payment PENALTY is ten percent (10%) of the tax amount not paid or postmarked by the due date. INTEREST, at ten percent annually (10%), is assessed on the unpaid tax amount plus the penalty beginning on the day following the due date. Interest begins to accrue on the first day of the following month and continues thereafter until paid in full (Code of Virginia of 1950, as amended, § 58.1-3916).
A late payment penalty is required by law for all untimely payments. The law specifies that payments made by mail must be postmarked by no later than the due date. Thus, taxpayers use the mail at their peril, and anyone who mails a payment on time that is not postmarked on time is required by law to pay the late penalty. The United States Post Office mark, not a postal meter stamp, is the official and final postmark. If the Post Office postmark conflicts with a postal meter stamp, the Post Office postmark must be used (1985-86 Report of the Attorney General 295, July 9, 1985).
Penalty and interest cannot be waived because
- the taxpayer did not know the deadline or misread the deadline on the tax bill (1987-88 Report of the Attorney General 559, August 22, 1988);
- the taxpayer did not receive a bill (1970-71 Report of the Attorney General 373, March 31, 1971);
- the bill was mailed to the wrong address (1981-82 Report of the Attorney General 393, March 25, 1982);
- the bill was incorrect (1986-87 Report of the Attorney General 321, July 31, 1986);
- the taxpayer received erroneous information from County staff, whether in person or over the telephone (1981-82 Report of the Attorney General 350, May 13, 1982).
A late payment penalty and interest are not imposed if the late payment was due to a medically determinable physical or mental impairment on the due date, provided payment is made within thirty (30) days of the due date. Penalty and interest are not imposed if Commissioner of the Revenue abates the underlying tax or certifies that the taxpayer was not assessed due to a clerical error by the Commissioner of the Revenue’s staff, or if the late payment was due solely to the fault of the Treasurer or the Commissioner of the Revenue