virginia preparers

[TAXMAN]

Can someone clarify the last possible date to file a 2010 va return with a refund. a properly filed extension and a payment went with the original extension. I hear May 1 2014 and I hear October 15, 2014. Does someone know the answer?

[Gail in Virginia]

According to the VA Dept of Taxation website, the answer is "it depends."  Actually, that is my answer to every tax question but that is beside the point.  If he did not file the return by the extended due date, the due date reverts back to May 1 and therefore the statute reverts back to May 1.  From the website for VA DOT:

 

Is there a statute of limitations for a refund if no return has been filed?

Yes. Virginia law allows a period of three years from the due date for filing a return, including valid extensions, for filing a claim for refund. An extension is not valid unless the taxpayer files return by the extended due date. Therefore, in the case of a nonfiler, the statute of limitations for refund would expire three years from the original due date for filing the return. For example, the 2007 return was due to be filed by May 1, 2008, and the statute of limitations will expire on May 1, 2011. A taxpayer who is due a refund for 2007 and has not filed a return must file no later than May 1, 2011 to claim the refund. A return filed after that date will be processed to clear the delinquent account, but no refund can be issued.