{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-816.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-816.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-816.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-816.1.html"}],"law_id":80726,"edition_id":1,"section_id":80726,"structure_id":12866,"section_number":"58.1-816.1","catch_line":"Transportation Improvement Program Set-aside Fund","history":"1993, c. 391; 2020, cc. 1230, 1275.","full_text":"There is hereby created in the Department of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund established pursuant to \u00a7 33.2-1524.1 and which shall be known as the Transportation Improvement Program Set-aside Fund (“Set-aside Fund”), consisting of transfers pursuant to \u00a7 58.1-816 of annual collections of the state recordation taxes attributable to any local jurisdiction which adopts an ordinance to dedicate and use its share of state recordation tax distributions for transportation purposes; however, this dedication shall not affect the local recordation taxes under \u00a7\u00a7 58.1-802 B and 58.1-814. Any local jurisdiction making such an election shall transmit a copy of its ordinance to the State Treasurer at least ninety days before transfers to the Set-aside Fund are to take effect. The State Treasurer is hereby authorized to commingle the funds of the various local jurisdictions in the Set-aside Fund, subject to the establishment of an accounting system which allows for the separate tracking of each local jurisdiction’s share. The election to participate in the Set-aside Fund shall be revocable by the passage of an ordinance to that effect; however, if debt has been issued or other obligations incurred on the local jurisdiction’s behalf, the election to participate shall be irrevocable so long as such bonds, or other obligations, are outstanding. A permitted revocation shall entitle the local jurisdiction to receive its remaining share, plus earnings and less the Treasurer’s investment charges.\n\t\tThe Set-aside Fund shall also include such other funds as may be appropriated by the General Assembly from time to time and designated for the Set-aside Fund and all interest, dividends and appreciation which may accrue thereto. Any moneys remaining in the Set-aside Fund at the end of a biennium shall not revert to the general fund, but shall remain in the Set-aside Fund. Allocations from the Set-aside Fund may be paid to any authority, locality or commission for the purposes of paying the costs of any Transportation Improvement Program in which the local jurisdiction elects to participate.","order_by":null,"text":{"0":{"id":289381,"text":"There is hereby created in the Department of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund established pursuant to \u00a7 33.2-1524.1 and which shall be known as the Transportation Improvement Program Set-aside Fund (“Set-aside Fund”), consisting of transfers pursuant to \u00a7 58.1-816 of annual collections of the state recordation taxes attributable to any local jurisdiction which adopts an ordinance to dedicate and use its share of state recordation tax distributions for transportation purposes; however, this dedication shall not affect the local recordation taxes under \u00a7\u00a7 58.1-802 B and 58.1-814. Any local jurisdiction making such an election shall transmit a copy of its ordinance to the State Treasurer at least ninety days before transfers to the Set-aside Fund are to take effect. The State Treasurer is hereby authorized to commingle the funds of the various local jurisdictions in the Set-aside Fund, subject to the establishment of an accounting system which allows for the separate tracking of each local jurisdiction’s share. The election to participate in the Set-aside Fund shall be revocable by the passage of an ordinance to that effect; however, if debt has been issued or other obligations incurred on the local jurisdiction’s behalf, the election to participate shall be irrevocable so long as such bonds, or other obligations, are outstanding. A permitted revocation shall entitle the local jurisdiction to receive its remaining share, plus earnings and less the Treasurer’s investment charges.\n\t\tThe Set-aside Fund shall also include such other funds as may be appropriated by the General Assembly from time to time and designated for the Set-aside Fund and all interest, dividends and appreciation which may accrue thereto. Any moneys remaining in the Set-aside Fund at the end of a biennium shall not revert to the general fund, but shall remain in the Set-aside Fund. Allocations from the Set-aside Fund may be paid to any authority, locality or commission for the purposes of paying the costs of any Transportation Improvement Program in which the local jurisdiction elects to participate.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12866,"edition_id":1,"name":"State Recordation Tax","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":254983,"object_type":"structure","relational_id":12866,"identifier":"8","token":"58.1\/I\/8","url":"\/58.1\/I\/8\/","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":65821,"structure_id":12866,"section_number":"58.1-800","catch_line":"Title","url":"\/58.1-800\/","token":"58.1\/I\/8\/58.1-800","metadata":false},{"id":72560,"structure_id":12866,"section_number":"58.1-801","catch_line":"Deeds generally; charter amendments","url":"\/58.1-801\/","token":"58.1\/I\/8\/58.1-801","metadata":false},{"id":68987,"structure_id":12866,"section_number":"58.1-802","catch_line":"Additional tax paid by grantor; collection","url":"\/58.1-802\/","token":"58.1\/I\/8\/58.1-802","metadata":false},{"id":66942,"structure_id":12866,"section_number":"58.1-802.1","catch_line":"Repealed","url":"\/58.1-802.1\/","token":"58.1\/I\/8\/58.1-802.1","metadata":false},{"id":83092,"structure_id":12866,"section_number":"58.1-802.2","catch_line":"Repealed","url":"\/58.1-802.2\/","token":"58.1\/I\/8\/58.1-802.2","metadata":false},{"id":84181,"structure_id":12866,"section_number":"58.1-802.3","catch_line":"Regional transportation improvement fee","url":"\/58.1-802.3\/","token":"58.1\/I\/8\/58.1-802.3","metadata":false},{"id":76835,"structure_id":12866,"section_number":"58.1-802.4","catch_line":"(For contingent expiration, see Acts 2020, cc. 1230 and 1275) Regional congestion relief fee","url":"\/58.1-802.4\/","token":"58.1\/I\/8\/58.1-802.4","metadata":false},{"id":69082,"structure_id":12866,"section_number":"58.1-802.5","catch_line":"(For contingent expiration, see Acts 2020, cc. 1241 and 1281) Regional transportation improvement fee","url":"\/58.1-802.5\/","token":"58.1\/I\/8\/58.1-802.5","metadata":false},{"id":55377,"structure_id":12866,"section_number":"58.1-803","catch_line":"Deeds of trust or mortgages; maximum tax","url":"\/58.1-803\/","token":"58.1\/I\/8\/58.1-803","metadata":false},{"id":58902,"structure_id":12866,"section_number":"58.1-804","catch_line":"Construction loan deeds of trust or mortgages","url":"\/58.1-804\/","token":"58.1\/I\/8\/58.1-804","metadata":false},{"id":83602,"structure_id":12866,"section_number":"58.1-805","catch_line":"Deeds of release","url":"\/58.1-805\/","token":"58.1\/I\/8\/58.1-805","metadata":false},{"id":82243,"structure_id":12866,"section_number":"58.1-806","catch_line":"Repealed","url":"\/58.1-806\/","token":"58.1\/I\/8\/58.1-806","metadata":false},{"id":71823,"structure_id":12866,"section_number":"58.1-807","catch_line":"Contracts generally; leases","url":"\/58.1-807\/","token":"58.1\/I\/8\/58.1-807","metadata":false},{"id":54326,"structure_id":12866,"section_number":"58.1-808","catch_line":"Sales contracts for the sale of rolling stock or equipment","url":"\/58.1-808\/","token":"58.1\/I\/8\/58.1-808","metadata":false},{"id":73799,"structure_id":12866,"section_number":"58.1-809","catch_line":"When supplemental writings not taxable","url":"\/58.1-809\/","token":"58.1\/I\/8\/58.1-809","metadata":false},{"id":79380,"structure_id":12866,"section_number":"58.1-810","catch_line":"What other deeds not taxable","url":"\/58.1-810\/","token":"58.1\/I\/8\/58.1-810","metadata":false},{"id":86914,"structure_id":12866,"section_number":"58.1-811","catch_line":"(Contingent effective date \u2014 see note) Exemptions","url":"\/58.1-811\/","token":"58.1\/I\/8\/58.1-811","metadata":false},{"id":77609,"structure_id":12866,"section_number":"58.1-812","catch_line":"Payment prerequisite to recordation; exceptions; assessment and collection of tax; penalty for misrepresentation","url":"\/58.1-812\/","token":"58.1\/I\/8\/58.1-812","metadata":false},{"id":86048,"structure_id":12866,"section_number":"58.1-813","catch_line":"Collection of tax by Department","url":"\/58.1-813\/","token":"58.1\/I\/8\/58.1-813","metadata":false},{"id":53999,"structure_id":12866,"section_number":"58.1-814","catch_line":"City or county recordation tax","url":"\/58.1-814\/","token":"58.1\/I\/8\/58.1-814","metadata":false},{"id":83232,"structure_id":12866,"section_number":"58.1-815","catch_line":"Repealed","url":"\/58.1-815\/","token":"58.1\/I\/8\/58.1-815","metadata":false},{"id":69986,"structure_id":12866,"section_number":"58.1-815.2","catch_line":"Repealed","url":"\/58.1-815.2\/","token":"58.1\/I\/8\/58.1-815.2","metadata":false},{"id":64922,"structure_id":12866,"section_number":"58.1-815.3","catch_line":"Repealed","url":"\/58.1-815.3\/","token":"58.1\/I\/8\/58.1-815.3","metadata":false},{"id":54021,"structure_id":12866,"section_number":"58.1-815.4","catch_line":"(Contingent expiration dates) Distribution of recordation tax to the Commonwealth Transportation Fund","url":"\/58.1-815.4\/","token":"58.1\/I\/8\/58.1-815.4","metadata":false},{"id":69110,"structure_id":12866,"section_number":"58.1-816","catch_line":"(Contingent effective date \u2014 see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties","url":"\/58.1-816\/","token":"58.1\/I\/8\/58.1-816","metadata":false},{"id":80726,"structure_id":12866,"section_number":"58.1-816.1","catch_line":"Transportation Improvement Program Set-aside Fund","url":"\/58.1-816.1\/","token":"58.1\/I\/8\/58.1-816.1","metadata":false},{"id":61159,"structure_id":12866,"section_number":"58.1-817","catch_line":"Fee for open-space preservation","url":"\/58.1-817\/","token":"58.1\/I\/8\/58.1-817","metadata":false}],"previous_section":{"id":69110,"structure_id":12866,"section_number":"58.1-816","catch_line":"(Contingent effective date \u2014 see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties","url":"\/58.1-816\/","token":"58.1\/I\/8\/58.1-816","metadata":false},"next_section":{"id":61159,"structure_id":12866,"section_number":"58.1-817","catch_line":"Fee for open-space preservation","url":"\/58.1-817\/","token":"58.1\/I\/8\/58.1-817","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-816.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 391 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapters 1230<\/a> and 1275<\/a>.<\/p>","references":[{"id":84701,"section_number":"33.2-1701","catch_line":"General powers of Commonwealth Transportation Board","order_by":null,"url":"\/33.2-1701\/"},{"id":82704,"section_number":"33.2-1709","catch_line":"Credit of Commonwealth not pledged","order_by":null,"url":"\/33.2-1709\/"},{"id":69110,"section_number":"58.1-816","catch_line":"(Contingent effective date \u2014 see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties","order_by":null,"url":"\/58.1-816\/"}],"refers_to":[{"id":77204,"section_number":"33.2-1524.1","catch_line":"Transportation Trust Fund","order_by":null,"url":"\/33.2-1524.1\/"},{"id":68987,"section_number":"58.1-802","catch_line":"Additional tax paid by grantor; collection","order_by":null,"url":"\/58.1-802\/"},{"id":53999,"section_number":"58.1-814","catch_line":"City or county recordation tax","order_by":null,"url":"\/58.1-814\/"},{"id":69110,"section_number":"58.1-816","catch_line":"(Contingent effective date \u2014 see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties","order_by":null,"url":"\/58.1-816\/"}],"permalink":{"id":255085,"object_type":"law","relational_id":80726,"identifier":"58.1-816.1","token":"58.1\/I\/8\/58.1-816.1","url":"\/58.1-816.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-816.1\/","token":"58.1\/I\/8\/58.1-816.1","dublin_core":{"Title":"Transportation Improvement Program Set-aside Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-816.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

There is hereby created in the Department<\/span> of the Treasury a special nonreverting fund which shall be a part of the Transportation Trust Fund established pursuant to \u00a7 33.2-1524.1<\/a> and which shall be known as the Transportation Improvement Program Set-aside Fund (“Set-aside Fund”), consisting of transfers pursuant to \u00a7 58.1-816<\/a> of annual collections of the state recordation taxes attributable to any local jurisdiction<\/span> which adopts an ordinance<\/span> to dedicate and use its share of state recordation tax distributions for transportation purposes; however, this dedication shall not affect the local recordation taxes under \u00a7\u00a7 58.1-802<\/a> B and 58.1-814<\/a>. Any local jurisdiction<\/span> making such an election shall transmit a copy of its ordinance<\/span> to the State Treasurer at least ninety days before transfers to the Set-aside Fund are to take effect. The State Treasurer is hereby authorized to commingle the funds of the various local jurisdictions<\/span> in the Set-aside Fund, subject to the establishment of an accounting system which allows for the separate tracking of each local jurisdiction<\/span>’s share. The election to participate in the Set-aside Fund shall be revocable by the passage of an ordinance<\/span> to that effect; however, if debt has been issued or other obligations incurred on the local jurisdiction<\/span>’s behalf, the election to participate shall be irrevocable so long as such bonds<\/span>, or other obligations, are outstanding. A permitted revocation<\/span> shall entitle the local jurisdiction<\/span> to receive its remaining share, plus earnings and less the Treasurer’s investment charges.\n\t\tThe Set-aside Fund shall also include such other funds as may be appropriated by the General Assembly from time to time and designated for the Set-aside Fund and all interest, dividends and appreciation which may accrue thereto. Any moneys remaining in the Set-aside Fund at the end of a biennium shall not revert to the general fund, but shall remain in the Set-aside Fund. Allocations from the Set-aside Fund may be paid to any authority, locality or commission for the purposes of paying the costs of any Transportation Improvement Program in which the local jurisdiction<\/span> elects to participate.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSPORTATION IMPROVEMENT PROGRAM SET-ASIDE FUND (\u00a7 58.1-816.1)\n\nThere is hereby created in the Department of the Treasury a special nonreverting\nfund which shall be a part of the Transportation Trust Fund established pursuant\nto \u00a7 33.2-1524.1 and which shall be known as the Transportation Improvement\nProgram Set-aside Fund (“Set-aside Fund”), consisting of transfers\npursuant to \u00a7 58.1-816 of annual collections of the state recordation taxes\nattributable to any local jurisdiction which adopts an ordinance to dedicate and\nuse its share of state recordation tax distributions for transportation\npurposes; however, this dedication shall not affect the local recordation taxes\nunder \u00a7\u00a7 58.1-802 B and 58.1-814. Any local jurisdiction making such an\nelection shall transmit a copy of its ordinance to the State Treasurer at least\nninety days before transfers to the Set-aside Fund are to take effect. The State\nTreasurer is hereby authorized to commingle the funds of the various local\njurisdictions in the Set-aside Fund, subject to the establishment of an\naccounting system which allows for the separate tracking of each local\njurisdiction’s share. The election to participate in the Set-aside Fund\nshall be revocable by the passage of an ordinance to that effect; however, if\ndebt has been issued or other obligations incurred on the local\njurisdiction’s behalf, the election to participate shall be irrevocable so\nlong as such bonds, or other obligations, are outstanding. A permitted\nrevocation shall entitle the local jurisdiction to receive its remaining share,\nplus earnings and less the Treasurer’s investment charges.\n\t\tThe Set-aside Fund shall also include such other funds as may be appropriated\nby the General Assembly from time to time and designated for the Set-aside Fund\nand all interest, dividends and appreciation which may accrue thereto. Any\nmoneys remaining in the Set-aside Fund at the end of a biennium shall not revert\nto the general fund, but shall remain in the Set-aside Fund. Allocations from\nthe Set-aside Fund may be paid to any authority, locality or commission for the\npurposes of paying the costs of any Transportation Improvement Program in which\nthe local jurisdiction elects to participate.\n\nHISTORY: 1993, c. 391; 2020, cc. 1230, 1275.","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}}