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INSTRUCTIONS

filed on or before the 15th day of the fourth month following

A. WHO MUST FILE FORM 404

the close of the taxable year. For calendar year taxpayers

Every wholesaler or distributor of carbonated soft drinks

other than corporations, the due date is May 1. Checks

must file this return. “Wholesaler or distributor” means

should be made payable to the Virginia Department of

any person, firm or corporation who:

Taxation.

1. manufactures or sells carbonated soft drinks to

retailers for resale, or

F. EXTENSION OF TIME FOR FILING

2. sells carbonated soft drinks at wholesale to

An automatic six-month extension of time to file the Soft

institutional, commercial or industrial users, or

Drink return is granted to the date six months after such

due date or 30 days after the extended date for filing the

3. distributes carbonated soft drinks to chain stores.

federal income tax return, whichever is later, provided

the full amount estimated as the tax due has been paid

on or before the original due date. Interest will accrue

B. SOFT DRINK RECEIPTS SUBJECT TO TAX

on the tax due with any return filed under extension (see

PENALTIES AND INTEREST).

The amount of soft drink receipts subject to tax is the

total gross receipts of the business, less the following

amounts:

G. PENALTIES AND INTEREST

A) Gross receipts not attributable to the sale of

Penalties for late filing of Form 404 and/or late payment

carbonated soft drinks;

of the tax are computed in the same manner as late

filing and late payment penalties for income tax returns.

B) Gross receipts attributable to sales of carbonated

soft drinks to customers outside of Virginia;

Any corporation which fails to file a return and/or pay the

full amount of tax by the required due date is subject to

C) Gross receipts attributable to sales of carbonated

a penalty of 6% of the amount of unpaid tax for each

soft drinks to other wholesalers for purposes of

month or fraction thereof that the tax remains unpaid,

resale to retail dealers.

not to exceed 30%. The minimum penalty for late filing

is $100, regardless of whether there is any tax due for

the delinquent period. Any taxpayer other than a

C. PERIOD TO BE COVERED BY RETURN

corporation who fails to file a return and/or pay the full

amount of tax due by the required due date is subject to

The taxable year for this return shall be the same as the

the same penalty noted above, except that the $100

taxpayer’s taxable year for income tax purposes.

minimum penalty provision does not apply.

Interest is accrued on the tax owed, from the due date

D. ACCOUNTING METHODS

through the date the tax is paid. In accordance with

All taxable gross receipts from sales of carbonated soft

§58.1-15 of the Code of Virginia, interest is assessed at

drinks during the taxable year must be included on this

the underpayment rate established by Section 6621 of

return, regardless of the method of accounting used for

the Internal Revenue Code, plus 2%.

books, financial statements or income tax returns.

H. WHERE TO GET HELP

If you need assistance in completing Form 404, you may

E. WHERE AND WHEN TO FILE AND PAY

call (804) 786-2450; write the Taxpayer Assistance

Returns and payments must be filed with the Virginia

Section, Virginia Department of Taxation, P.O. Box

Department of Taxation, P.O. Box 2185, Richmond,

715, Richmond, Virginia 23218-0715; or visit our web

Virginia 23218-2185. For corporations and any other

site at

taxpayers filing on a fiscal year basis, Form 404 must be

THIS FORM REFLECTS NEW RATES EFFECTIVE 7/1/02.

6201130

Rev 9/05 404 W

Form 404 - Commonwealth Of Virginia Department Of Taxation Soft Drink Excise Tax Return Page 2

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