{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-936.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-936.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-936.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-936.html"}],"law_id":87399,"edition_id":1,"section_id":87399,"structure_id":14603,"section_number":"58.1-936","catch_line":"Imposition of tax","history":"Code 1950, \u00a7 58-238.37; 1979, c. 559; 1984, c. 675; 1987, c. 484.","full_text":"A\n\nA tax is hereby imposed upon every generation skipping transfer, where the original transferor is a resident of the Commonwealth of Virginia at the date of original transfer, in an amount equal to the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code, to the extent such credit exceeds the aggregate amount of all taxes on the same transfer actually paid to the several states of the United States, other than the Commonwealth of Virginia.B\n\nA tax is hereby imposed upon every generation skipping transfer where the original transferor is not a resident of Virginia at the date of the original transfer, but where the generation skipping transfer includes real or personal property having a situs in Virginia, in an amount equal to the amount allowable as a credit for state legacy taxes under § 2604 of the Internal Revenue Code, reduced by an amount which bears the same ratio to the total state tax credit allowable for federal generation skipping transfer tax purposes as the value of the transferred property taxable by all other states bears to the value of the gross generation skipping transfer for federal generation skipping transfer tax purposes. In any case in which a tax is imposed on a generation skipping transfer by Virginia and by one or more other states or the District of Columbia, the Commissioner shall negotiate with the taxing authorities of such other state, states, or District of Columbia so that the aggregate amount of taxes imposed by Virginia and such other state, states or the District of Columbia on a generation skipping transfer does not exceed 100 percent of the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code.","order_by":null,"text":{"0":{"id":312924,"text":"A tax is hereby imposed upon every generation skipping transfer, where the original transferor is a resident of the Commonwealth of Virginia at the date of original transfer, in an amount equal to the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code, to the extent such credit exceeds the aggregate amount of all taxes on the same transfer actually paid to the several states of the United States, other than the Commonwealth of Virginia.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312925,"text":"A tax is hereby imposed upon every generation skipping transfer where the original transferor is not a resident of Virginia at the date of the original transfer, but where the generation skipping transfer includes real or personal property having a situs in Virginia, in an amount equal to the amount allowable as a credit for state legacy taxes under § 2604 of the Internal Revenue Code, reduced by an amount which bears the same ratio to the total state tax credit allowable for federal generation skipping transfer tax purposes as the value of the transferred property taxable by all other states bears to the value of the gross generation skipping transfer for federal generation skipping transfer tax purposes. In any case in which a tax is imposed on a generation skipping transfer by Virginia and by one or more other states or the District of Columbia, the Commissioner shall negotiate with the taxing authorities of such other state, states, or District of Columbia so that the aggregate amount of taxes imposed by Virginia and such other state, states or the District of Columbia on a generation skipping transfer does not exceed 100 percent of the amount allowable as credit for state legacy taxes under § 2604 of the Internal Revenue Code.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14603,"edition_id":1,"name":"Generation Skipping Transfers","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":14009,"metadata":{},"date_created":"2026-06-26 03:48:50","date_modified":"2026-06-26 03:48:50","permalink":{"id":255243,"object_type":"structure","relational_id":14603,"identifier":"5","token":"58.1\/I\/9\/5","url":"\/58.1\/I\/9\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14009,"edition_id":1,"name":"Virginia Estate Tax","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":255093,"object_type":"structure","relational_id":14009,"identifier":"9","token":"58.1\/I\/9","url":"\/58.1\/I\/9\/","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":56112,"structure_id":14603,"section_number":"58.1-935","catch_line":"Definitions","url":"\/58.1-935\/","token":"58.1\/I\/9\/5\/58.1-935","metadata":false},{"id":87399,"structure_id":14603,"section_number":"58.1-936","catch_line":"Imposition of tax","url":"\/58.1-936\/","token":"58.1\/I\/9\/5\/58.1-936","metadata":false},{"id":71058,"structure_id":14603,"section_number":"58.1-937","catch_line":"Filing of return; payment of tax","url":"\/58.1-937\/","token":"58.1\/I\/9\/5\/58.1-937","metadata":false},{"id":59940,"structure_id":14603,"section_number":"58.1-938","catch_line":"Amended return; additional tax","url":"\/58.1-938\/","token":"58.1\/I\/9\/5\/58.1-938","metadata":false}],"previous_section":{"id":56112,"structure_id":14603,"section_number":"58.1-935","catch_line":"Definitions","url":"\/58.1-935\/","token":"58.1\/I\/9\/5\/58.1-935","metadata":false},"next_section":{"id":71058,"structure_id":14603,"section_number":"58.1-937","catch_line":"Filing of return; payment of tax","url":"\/58.1-937\/","token":"58.1\/I\/9\/5\/58.1-937","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-936\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. 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. Those modifications are as follows: in 1979, chapter 559; in 1984, chapter 675; in 1987, chapter 484.<\/p>","references":false,"refers_to":false,"permalink":{"id":255249,"object_type":"law","relational_id":87399,"identifier":"58.1-936","token":"58.1\/I\/9\/5\/58.1-936","url":"\/58.1-936\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-936\/","token":"58.1\/I\/9\/5\/58.1-936","dublin_core":{"Title":"Imposition of tax","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-936","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A tax is hereby imposed upon every generation skipping transfer, where the original transferor is a resident<\/span> of the Commonwealth of Virginia at the date of original transfer, in an amount equal to the amount allowable as credit for state<\/span> legacy taxes under § 2604 of the Internal Revenue Code, to the extent such credit exceeds the aggregate amount of all taxes on the same transfer actually paid to the several states<\/span> of the United States<\/span>, other than the Commonwealth of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A tax is hereby imposed upon every generation skipping transfer where the original transferor is not a resident<\/span> of Virginia at the date of the original transfer, but where the generation skipping transfer includes real or personal property having a situs in Virginia, in an amount equal to the amount allowable as a credit for state<\/span> legacy taxes under § 2604 of the Internal Revenue Code, reduced by an amount which bears the same ratio to the total state<\/span> tax credit allowable for federal generation skipping transfer tax purposes as the value<\/span> of the transferred property taxable by all other states<\/span> bears to the value<\/span> of the gross generation skipping transfer for federal generation skipping transfer tax purposes. In any case in which a tax is imposed on a generation skipping transfer by Virginia and by one or more other states<\/span> or the District of Columbia, the Commissioner shall negotiate with the taxing authorities of such other state<\/span>, states<\/span>, or District of Columbia so that the aggregate amount of taxes imposed by Virginia and such other state<\/span>, states<\/span> or the District of Columbia on a generation skipping transfer does not exceed 100 percent of the amount allowable as credit for state<\/span> legacy taxes under § 2604 of the Internal Revenue Code. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPOSITION OF TAX (\u00a7 58.1-936)\n\nA. A tax is hereby imposed upon every generation skipping transfer, where the\noriginal transferor is a resident of the Commonwealth of Virginia at the date of\noriginal transfer, in an amount equal to the amount allowable as credit for\nstate legacy taxes under § 2604 of the Internal Revenue Code, to the extent\nsuch credit exceeds the aggregate amount of all taxes on the same transfer\nactually paid to the several states of the United States, other than the\nCommonwealth of Virginia.\n\nB. A tax is hereby imposed upon every generation skipping transfer where the\noriginal transferor is not a resident of Virginia at the date of the original\ntransfer, but where the generation skipping transfer includes real or personal\nproperty having a situs in Virginia, in an amount equal to the amount allowable\nas a credit for state legacy taxes under § 2604 of the Internal Revenue\nCode, reduced by an amount which bears the same ratio to the total state tax\ncredit allowable for federal generation skipping transfer tax purposes as the\nvalue of the transferred property taxable by all other states bears to the value\nof the gross generation skipping transfer for federal generation skipping\ntransfer tax purposes. In any case in which a tax is imposed on a generation\nskipping transfer by Virginia and by one or more other states or the District of\nColumbia, the Commissioner shall negotiate with the taxing authorities of such\nother state, states, or District of Columbia so that the aggregate amount of\ntaxes imposed by Virginia and such other state, states or the District of\nColumbia on a generation skipping transfer does not exceed 100 percent of the\namount allowable as credit for state legacy taxes under § 2604 of the\nInternal Revenue Code.\n\nHISTORY: Code 1950, \u00a7 58-238.37; 1979, c. 559; 1984, c. 675; 1987, c. 484.","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}}