Va. Code » Title 58.1. Taxation » Subtitle I. Taxes Administered by the Department of Taxation » Chapter 3. Income Tax » Article 10. Taxation of Corporations
Virginia Code

Va. Code Ann. § 58.1-406 (2026)

Allocation and apportionment of income

✓ current as of May 2026
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Any corporation having income from business activity which is taxable both within and without the Commonwealth shall allocate and apportion its Virginia taxable income as provided in §§ 58.1-407 through 58.1-420.

Code 1950, § 58-151.035; 1971, Ex. Sess., c. 171; 1976, c. 436; 1979, c. 371; 1984, c. 675.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1989–2024 · leading case: Com., Dept. of Taxation v. Delta Air Lines, 513 S.E.2d 130 (Va. 1999).
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Com., Dept. of Taxation v. Delta Air Lines, 513 S.E.2d 130 (Va. 1999). · cites it 2× “” Code § 58.1-406. To effect this apportionment of income, Delta must use a three-factor method consisting of a property factor, a payroll factor, and a sales factor.”
Gen. Dynamics Corp. v. Sharp, 919 S.W.2d 861 (Tex. App. 1996). “§ 12-7-1150 (Law.Co-op.1998); S.D.Codified Laws Ann.”
Commonwealth of Virginia, Dep't of Taxation v. FJ Mgmt., Inc., d/b/a FJI, Inc. (Va. Ct. App. 2024). · cites it 4× “A corporation that is subject to tax in Virginia and at least one other state must allocate and apportion its Virginia taxable income, with dividends being allocated to the corporation’s commercial domicile and all other income being apportioned using the Virginia statutory…”
Dominion Bankshares v. Dep't of Taxation, 15 Va. Cir. 401 (Richmond County Cir. Ct. 1989). · cites it 3× “Since Dominion and its affiliates do business outside of Virginia, they are required by Va. Code § 58.1-406 to allocate and apportion their taxable income between Virginia and non-Virginia sources upon apportionment formulae set forth in the Virginia Code.”
Gen. Dynamics Corp. v. John Sharp, Comptroller of Pub. Accounts of the State of Texas Martha Whitehead, Successor in Off. to Kay Bailey Hutchison, Treasurer of the State of Texas & Dan Morales, Attorney Gen. of the State of Texas (Tex. App. 1996). “32, § 5833(a) (1993); Va. Code Ann. §§ 58.1-406 , 58.1-408 (Michie 1991); W.”
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