<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>372403</law_id><section_number>58.1-461</section_number><catch_line>Requirement of withholding</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><referred_to_by><reference>58.1-462</reference></referred_to_by><structure><unit label="title" level="1" order_by="125" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="2" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="3" identifier="3">Income Tax</unit><unit label="article" level="4" order_by="15" identifier="16">Income Tax Withholding</unit></structure><text>
						<section><p>Every <span class="dictionary">employer</span> making payment of <span class="dictionary">wages</span> shall deduct and withhold with respect to the <span class="dictionary">wages</span> of each <span class="dictionary">employee</span> for each <span class="dictionary">payroll period</span> an amount determined as follows: Such amount which, if an equal amount was collected for each similar <span class="dictionary">payroll period</span> with respect to a similar amount of <span class="dictionary">wages</span> for each <span class="dictionary">payroll period</span> during an entire calendar year, would aggregate or approximate the income tax liability of such <span class="dictionary">employee</span> under this chapter after making allowance for the personal exemptions to which such <span class="dictionary">employee</span> could be entitled on the basis of his status during such <span class="dictionary">payroll period</span> and after making allowance for withholding purposes for a standard deduction from <span class="dictionary">wages</span> in accordance with the <span class="dictionary">laws</span> of the United States relating to federal income taxes and after making an allowance for any credit available to the <span class="dictionary">employee</span> as provided by &#xA7;&#xA0;<a class="law" title="Credits for taxes paid other states" href="/58.1-332/">58.1-332</a>, and without making allowance for any other deductions. In determining the amount to be deducted and withheld under this article, the <span class="dictionary">wages</span> may, at the election of the <span class="dictionary">employer</span>, be computed to the nearest dollar.</p><p>An <span class="dictionary">employer</span> shall not be required to deduct any amount upon a payment of <span class="dictionary">wages</span> to an <span class="dictionary">employee</span> if there is in effect with respect to such payment a withholding exemption certificate, in such form and containing such other information as the <span class="dictionary">Tax Commissioner</span> may prescribe, furnished by the <span class="dictionary">employee</span> to the <span class="dictionary">employer</span>, certifying that the <span class="dictionary">employee</span>: (i) incurred no liability for income tax imposed by this chapter for his preceding taxable year; and (ii) anticipates that he will incur no liability for income tax imposed by this chapter for his current taxable year.</p></section></text><history>Code 1950, &#xA7; 58-151.2; 1962, c. 612; 1971, Ex. Sess., c. 171; 1972, c. 827; 1984, cc. 675, 682.</history><metadata><court_decisions><item key="0"><name>George v. Com.</name><case_number>Record 080339.</case_number><citation>667 S.E.2d 779</citation><date>2008-10-31</date><url>https://www.courtlistener.com/opinion/1058432/george-v-com/</url><abstract> .&#x202F;.&#x202F;. 667 S.E.2d 779 (2008) .&#x202F;.&#x202F;. </abstract><court_html><abbr title="Supreme Court of Virginia">SCV</abbr></court_html></item></court_decisions></metadata></law>
