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Advisory: credits and decisions in Virginia

Virginia’s R&D credit is refundable but small and capped. The bigger planning items are scheduled minimum wage increases through 2028 and a new paid family leave program collecting from April 2028.

Jurisdiction
Virginia
Reading time
2 min
Checked
October 12, 2026
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Key figures

Virginia advisory

2026, with sources

R&D credit
10%Of Virginia QREs above 50% of the prior three-year average (5% with no prior QREs).
R&D credit cap per taxpayer
$45,000$60,000 when the research is done with a Virginia college or university.
R&D credit refundability
RefundableSubject to Virginia Tax’s guidelines.
Statewide R&D credit cap
$15.77 million a yearCredits are prorated when approved applications exceed it.
R&D credit application
By September 1Calendar year after the year the expenses were incurred.
PFML payroll contributions
From April 1, 2028Benefits from December 1, 2028; VEC sets the rate each year.

The R&D credit

Virginia’s research and development expenses credit is for research conducted in Virginia. Under the method available without an end date, the credit is 10% of Virginia qualified research expenses above 50% of the average of the prior three years, or 5% of current expenses if there were none in one of those years, capped at $45,000 a year ($60,000 with a Virginia college or university). The credit is refundable, subject to Virginia Tax’s guidelines. The statute’s other method, 15% of the first $300,000, applied to tax years beginning before 2025.

Applications go to Virginia Tax by September 1 of the year after the expenses were incurred, and the statewide cap of $15.77 million a year means awards are prorated in a busy year. A company with more than $5 million of Virginia research expenses can’t claim both this credit and the major research credit.

What’s changing

Two scheduled changes matter for budgeting. The state minimum wage, $12.77 in 2026, rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then indexes to inflation from 2029. And Virginia’s new Paid Family & Medical Leave program starts collecting payroll contributions on April 1, 2028, with benefits from December 1, 2028; employers may substitute an approved private plan.

An example: a 20-person Virginia startup paying an hourly support team at the minimum wage plans for two raises in two years, and builds PFML withholding and remittance into its payroll setup during 2027 so April 2028 isn’t a scramble.

Where founders go wrong

Virginia’s state taxes are moderate; the surprises are local (BPOL and business personal property tax) and in its older rules, like cost-of-performance sourcing.

  • Forgetting the local BPOL license tax on gross receipts.
  • Not reporting new independent contractors to the New Hire Reporting Center.
  • Charging Virginia sales tax on SaaS, which is exempt.
  • Underestimating the SCC fees for a charter with millions of authorized shares.
  • Assuming Virginia sources service revenue to the customer, as many states do.

Common questions

Can a pre-revenue startup get the Virginia R&D credit?

Yes, if it does research in Virginia. The credit is 10% of Virginia qualified research expenses above half the prior three years’ average (5% if there were none), capped at $45,000 a year, or $60,000 with a Virginia college or university, and the excess over tax is refunded. Applications are due to Virginia Tax by September 1 after the year ends, and awards are prorated when the $15.77 million statewide cap is oversubscribed.

Is Virginia adding paid family leave?

Yes, starting in 2028. Virginia has enacted a Paid Family & Medical Leave program run by the VEC: payroll contributions begin April 1, 2028, typically split 50/50 between employer and employee, with small businesses exempt from the employer share, and benefits begin December 1, 2028. The VEC sets the rate each year.

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Sources

Checked against each agency’s own page on . Rates and thresholds change, usually on January 1.

General information for US companies, not tax, legal or accounting advice for yours. Rules and thresholds change; confirm the specifics with a CPA or the agency before you act on them.

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