{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-512.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-512.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-512.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-512.1.html"}],"law_id":64755,"edition_id":1,"section_id":64755,"structure_id":16129,"section_number":"58.1-512.1","catch_line":"Determination of fair market value of donation","history":"2006, Sp. Sess. I, cc. 4, 5.","full_text":"A\n\nEach appraisal estimating the value of any donation upon which credits are to be based shall employ proper methodology and be appropriately supported by market evidence. The Department of Taxation shall establish and make publicly available guidelines that incorporate, as applicable (without limitation), requirements under § 170(h) of the United States Internal Revenue Code of 1986, as amended, and the Uniform Standards of Professional Appraisal Practice (USPAP). The Department shall update the guidelines as necessary as determined by the Tax Commissioner. Such guidelines shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) but the Department shall provide for adequate public participation, including adequate notice and opportunity to provide comments on the proposed guidelines.B\n\nFor purposes of any appraisal for a conveyance under the provisions of this article, the value for any structures or other improvements to land shall be determined in accordance with law. For any otherwise qualified donation of a less-than-fee interest under this article, however, no more than 25% of the total credit allowed shall be for reductions in value to any structures and other improvements to land.C\n\nThe fair market value of any property with respect to a qualified donation shall not exceed the value for the highest and best use (i) that is consistent with existing zoning requirements; (ii) for which the property was adaptable and needed or likely to be needed in the reasonably near future in the immediate area in which the property is located; (iii) that considers factors such as, by way of illustration and not limitation, slopes, flood plains, and soil conditions of the property; and (iv) for which existing roads serving the property are sufficient to support commercial or residential development in the event that is the highest and best use proposed for the property. Any appraisal submitted in support of an application for a credit under this article shall include an affidavit by the appraiser that to the best of his knowledge and belief the valuation complies with this section and shall set forth in the affidavit or refer to the specific portion of the appraisal setting forth the facts and basis for this knowledge and belief.","order_by":null,"text":{"0":{"id":235627,"text":"Each appraisal estimating the value of any donation upon which credits are to be based shall employ proper methodology and be appropriately supported by market evidence. The Department of Taxation shall establish and make publicly available guidelines that incorporate, as applicable (without limitation), requirements under § 170(h) of the United States Internal Revenue Code of 1986, as amended, and the Uniform Standards of Professional Appraisal Practice (USPAP). The Department shall update the guidelines as necessary as determined by the Tax Commissioner. Such guidelines shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) but the Department shall provide for adequate public participation, including adequate notice and opportunity to provide comments on the proposed guidelines.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235628,"text":"For purposes of any appraisal for a conveyance under the provisions of this article, the value for any structures or other improvements to land shall be determined in accordance with law. For any otherwise qualified donation of a less-than-fee interest under this article, however, no more than 25% of the total credit allowed shall be for reductions in value to any structures and other improvements to land.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235629,"text":"The fair market value of any property with respect to a qualified donation shall not exceed the value for the highest and best use (i) that is consistent with existing zoning requirements; (ii) for which the property was adaptable and needed or likely to be needed in the reasonably near future in the immediate area in which the property is located; (iii) that considers factors such as, by way of illustration and not limitation, slopes, flood plains, and soil conditions of the property; and (iv) for which existing roads serving the property are sufficient to support commercial or residential development in the event that is the highest and best use proposed for the property. Any appraisal submitted in support of an application for a credit under this article shall include an affidavit by the appraiser that to the best of his knowledge and belief the valuation complies with this section and shall set forth in the affidavit or refer to the specific portion of the appraisal setting forth the facts and basis for this knowledge and belief.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16129,"edition_id":1,"name":"Virginia Land Conservation Incentives Act of 1999","identifier":"20.1","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 04:07:01","date_modified":"2026-06-26 04:07:01","permalink":{"id":254051,"object_type":"structure","relational_id":16129,"identifier":"20.1","token":"58.1\/I\/3\/20.1","url":"\/58.1\/I\/3\/20.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13152,"edition_id":1,"name":"Income Tax","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":253267,"object_type":"structure","relational_id":13152,"identifier":"3","token":"58.1\/I\/3","url":"\/58.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81976,"structure_id":16129,"section_number":"58.1-510","catch_line":"Purpose","url":"\/58.1-510\/","token":"58.1\/I\/3\/20.1\/58.1-510","metadata":false},{"id":70641,"structure_id":16129,"section_number":"58.1-511","catch_line":"Definitions","url":"\/58.1-511\/","token":"58.1\/I\/3\/20.1\/58.1-511","metadata":false},{"id":76719,"structure_id":16129,"section_number":"58.1-512","catch_line":"Land preservation tax credits for individuals and corporations","url":"\/58.1-512\/","token":"58.1\/I\/3\/20.1\/58.1-512","metadata":false},{"id":64755,"structure_id":16129,"section_number":"58.1-512.1","catch_line":"Determination of fair market value of donation","url":"\/58.1-512.1\/","token":"58.1\/I\/3\/20.1\/58.1-512.1","metadata":false},{"id":63964,"structure_id":16129,"section_number":"58.1-513","catch_line":"Limitations; transfer of credit; gain or loss from tax credit","url":"\/58.1-513\/","token":"58.1\/I\/3\/20.1\/58.1-513","metadata":false}],"previous_section":{"id":76719,"structure_id":16129,"section_number":"58.1-512","catch_line":"Land preservation tax credits for individuals and corporations","url":"\/58.1-512\/","token":"58.1\/I\/3\/20.1\/58.1-512","metadata":false},"next_section":{"id":63964,"structure_id":16129,"section_number":"58.1-513","catch_line":"Limitations; transfer of credit; gain or loss from tax credit","url":"\/58.1-513\/","token":"58.1\/I\/3\/20.1\/58.1-513","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-512.1\/","history_text":false,"references":[{"id":76719,"section_number":"58.1-512","catch_line":"Land preservation tax credits for individuals and corporations","order_by":null,"url":"\/58.1-512\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":254065,"object_type":"law","relational_id":64755,"identifier":"58.1-512.1","token":"58.1\/I\/3\/20.1\/58.1-512.1","url":"\/58.1-512.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-512.1\/","token":"58.1\/I\/3\/20.1\/58.1-512.1","dublin_core":{"Title":"Determination of fair market value of donation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-512.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each appraisal estimating the value of any donation upon which credits are to be based shall employ proper methodology and be appropriately supported by market evidence<\/span>. The Department<\/span> of Taxation shall establish and make publicly available guidelines that incorporate, as applicable (without limitation), requirements under § 170(h) of the United States Internal Revenue Code of 1986, as amended, and the Uniform Standards of Professional Appraisal Practice (USPAP). The Department<\/span> shall update the guidelines as necessary as determined by the Tax Commissioner<\/span>. Such guidelines shall be exempt from the Administrative Process Act (§ 2.2-4000<\/a> et seq.) but the Department<\/span> shall provide for adequate public participation, including adequate notice and opportunity to provide comments on the proposed guidelines. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of any appraisal for a conveyance under the provisions of this article, the value for any structures or other improvements to land shall be determined in accordance with law<\/span>. For any otherwise qualified donation of a less-than-fee interest under this article, however, no more than 25% of the total credit allowed shall be for reductions in value to any structures and other improvements to land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The fair market value of any property with respect to a qualified donation shall not exceed the value for the highest and best use (i) that is consistent with existing zoning requirements; (ii) for which the property was adaptable and needed or likely to be needed in the reasonably near future in the immediate area in which the property is located; (iii) that considers factors such as, by way of illustration and not limitation, slopes, flood plains, and soil conditions of the property; and (iv) for which existing roads serving the property are sufficient to support commercial or residential development in the event that is the highest and best use proposed for the property. Any appraisal submitted in support of an application for a credit under this article shall include an affidavit<\/span> by the appraiser that to the best of his knowledge and belief the valuation complies with this section and shall set forth in the affidavit<\/span> or refer to the specific portion of the appraisal setting forth the facts<\/span> and basis for this knowledge and belief. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATION OF FAIR MARKET VALUE OF DONATION (\u00a7 58.1-512.1)\n\nA. Each appraisal estimating the value of any donation upon which credits are to\nbe based shall employ proper methodology and be appropriately supported by\nmarket evidence. The Department of Taxation shall establish and make publicly\navailable guidelines that incorporate, as applicable (without limitation),\nrequirements under § 170(h) of the United States Internal Revenue Code of\n1986, as amended, and the Uniform Standards of Professional Appraisal Practice\n(USPAP). The Department shall update the guidelines as necessary as determined\nby the Tax Commissioner. Such guidelines shall be exempt from the Administrative\nProcess Act (§ 2.2-4000 et seq.) but the Department shall provide for\nadequate public participation, including adequate notice and opportunity to\nprovide comments on the proposed guidelines.\n\nB. For purposes of any appraisal for a conveyance under the provisions of this\narticle, the value for any structures or other improvements to land shall be\ndetermined in accordance with law. For any otherwise qualified donation of a\nless-than-fee interest under this article, however, no more than 25% of the\ntotal credit allowed shall be for reductions in value to any structures and\nother improvements to land.\n\nC. The fair market value of any property with respect to a qualified donation\nshall not exceed the value for the highest and best use (i) that is consistent\nwith existing zoning requirements; (ii) for which the property was adaptable and\nneeded or likely to be needed in the reasonably near future in the immediate\narea in which the property is located; (iii) that considers factors such as, by\nway of illustration and not limitation, slopes, flood plains, and soil\nconditions of the property; and (iv) for which existing roads serving the\nproperty are sufficient to support commercial or residential development in the\nevent that is the highest and best use proposed for the property. Any appraisal\nsubmitted in support of an application for a credit under this article shall\ninclude an affidavit by the appraiser that to the best of his knowledge and\nbelief the valuation complies with this section and shall set forth in the\naffidavit or refer to the specific portion of the appraisal setting forth the\nfacts and basis for this knowledge and belief.\n\nHISTORY: 2006, Sp. Sess. I, cc. 4, 5.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}