Virginia Code

Va. Code Ann. § 58.1-3110 (2026)

Power to summon taxpayers and other persons

✓ current as of May 2026

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A. The commissioner may, for the purpose of assessing all taxes assessable by his office, summon the taxpayer or any other person to appear before him at his office, to answer, under oath, questions touching the tax liability of any and all specifically identified taxpayers and to produce documents relating to such tax liability, either or both. For the purposes of administering this section, commissioners and their deputies may administer oaths. The commissioner shall not, however, summon a taxpayer or other person for the tax liability of the taxpayer which is the subject of litigation.

B. Any court of competent jurisdiction may, upon the application of the commissioner or his deputy, compel the compliance of a taxpayer summoned or required to produce documents as required by this section.

C. Every writ, warrant, notice, summons, or other process the commissioner is authorized to issue pursuant to general or local law may be served by the commissioner, or his deputy, or may be directed to the sheriff to be served pursuant to § 8.01-292 and executed and returned in like manner as the civil process of a court of competent jurisdiction.

Code 1950, §§ 58-860, 58-874; 1980, c. 317; 1982, c. 536; 1984, c. 675; 1986, c. 35; 1987, c. 377; 2015, c. 378.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2002–2026 · leading case: Hussein v. Miller, 232 F. Supp. 2d 653 (E.D. Va. 2002).

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Hussein v. Miller, 232 F. Supp. 2d 653 (E.D. Va. 2002). · cites it 3× “1-3109(6)) and to summon witnesses to answer questions under oath which touch upon tax liability (Va.Code § 58.1-3110). His jurisdiction, however, does not extend beyond the boundaries of the County or city for which he is the Commissioner of Revenue.”

Coresite, LLC v. Cnty. of Fairfax, Virginia (Va. Ct. App. 2026). · cites it 62× “The County, however, failed to “specifically identif[y]” taxpayers in its January 2024 summons under Code § 58.1-3110, so that summons cannot be enforced as issued.”

— Va. Code Ann. § 58.1-3110(A) — 1 case

Coresite, LLC v. Cnty. of Fairfax, Virginia (Va. Ct. App. 2026). “The County, however, failed to “specifically identif[y]” taxpayers in its January 2024 summons under Code § 58.1-3110, so that summons cannot be enforced as issued.”

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