Another Reminder to Manufacturers and Retailers on Virginia Apportionment Changes

Posted on

By: Ryan Beethoven-Wilson, CPA

The final phase of apportionment changes in Virginia is upon us for manufacturers and retailers.  As a reminder, manufacturers have the ability to elect a phase-in of single sales apportionment over three total taxable years.  Retailers on the other hand, are now required to use the phase-in of single sales apportionment.

 

For example, if a calendar-year manufacturer has elected the phase-in of single sales factor apportionment, the manufacturer will be able to apportion income using a single-sales factor on its 2015 Virginia return.  The election is made by filing a Virginia return using a triple-weighted sales factor for 2013 and by filing a return using a quadruple-weighted sales factor for 2014.  Again, the determining factor is when the taxpayer's tax year begins.

 

For manufacturers to be eligible to use the phase-in of single sales apportionment, certain employment thresholds must be met each year.  Those thresholds are 1) the average weekly wage of the company’s full-time employees must be equal to or greater than the local average weekly wage, and 2) the average number of the company’s full-time and full-time equivalent employees must be at least 90% of the average number of employees during the base year (the first year the election is made).  If a company had previously elected the phase-in and no longer meets either of these thresholds, then the company should return to apportioning income using the standard double-weighted sales factor.  If a company has already filed a previous year return using the elected single sales factor phase-in, and did not in fact meet the employment thresholds, then an amended return may be in order to remit a “recapture” tax.  This situation should be discussed with a tax advisor as facts and circumstances will differ for each taxpayer.

 

On the other hand, retailers are required to apportion income using quadruple-weighted sales for tax years beginning after July 1, 2014, and will be able to apportion income using a single-sales factor in tax years beginning after July 1, 2015.

 

Links to the original articles and further information on Virginia's apportionment changes can be found here:

 

The instructions for Virginia Forms 500A and 502A are also a good place to turn for guidance.  As always, please contact your Keiter representative with any questions or for further assistance or 804.747.0000 | information@keitercpa.com.


About the Author

Ryan works with both large and mid-market clients in the professional services, real estate, construction, manufacturing, and retail industries.  He assists his clients with tax planning and saving opportunities to help their businesses grow. He is a member of Keiter’s Professional Services and Manufacturing, Distribution & Retail teams. Ryan also serves on the Firm’s State and Local Tax Committee and International Tax Committee. Read more of Ryan’s insights on our blog.

More Insights from Ryan Beethoven-Wilson, CPA

Contact

How Can We Help You and Your Business?

Innsbrook Corporate Center
4401 Dominion Boulevard
Glen Allen, Virginia 23060

804.747.0000 or 804.273.6200

Directions