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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68987</law_id><section_number>58.1-802</section_number><catch_line>Additional tax paid by grantor; collection</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>58.1-811</reference><reference>58.1-816.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="58.1">Taxation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Taxes Administered by the Department of Taxation</unit><unit label="chapter" level="3" order_by="1" identifier="8">State Recordation Tax</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> In addition to any other tax imposed under the provisions of this chapter, a tax is hereby imposed on each deed, instrument, or writing by which lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in the purchaser, or any other person, by such purchaser&#x2019;s direction. The rate of the tax, when the consideration or value of the interest, whichever is greater, exceeds $100, shall be 50 cents for each $500 or fraction thereof, exclusive of the value of any <span class="dictionary">lien</span> or encumbrance remaining thereon at the time of the sale, whether such <span class="dictionary">lien</span> is assumed or the realty is sold subject to such <span class="dictionary">lien</span> or encumbrance. No increase in the city or county recordation tax authorized by &#xA7; <a class="law" title="City or county recordation tax" href="/58.1-814/">58.1-814</a> shall be deemed authorized by this section.
			The tax imposed by this section shall be paid by the grantor, or any person who signs on behalf of the grantor, of any deed, instrument, or writing subject to the tax imposed by this section; however, the grantor and grantee may arrange for the grantee to pay all or a portion of the tax. No tax shall be imposed pursuant to this section if the grantor is a locality at a judicial sale of tax-delinquent property conducted pursuant to Article 4 (&#xA7; <a class="law" title="When land may be sold for delinquent taxes; notice of sale; owner's right of redemption" href="/58.1-3965/">58.1-3965</a> et seq.) of Chapter 39.
			No such deed, instrument, or other writing shall be admitted to record unless (i) the amount of the consideration is stated on the first page of the document to be admitted to record and (ii) certification of the clerk of the <span class="dictionary">court</span> wherein first recorded has been affixed thereto that the tax imposed by this section has been paid. The clerk shall include within the certificate the amount of such tax collected thereon. <a id="paragraph-249725" class="section-permalink" href="https://vacode.org/58.1-802/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Taxes imposed by this section shall be collected as provided in &#xA7; <a class="law" title="Payment prerequisite to recordation; exceptions; assessment and collection of tax; penalty for misrepresentation" href="/58.1-812/">58.1-812</a> and the clerk shall return taxes collected hereunder one-half into the state treasury and one-half into the treasury of the locality.
			The local portion of the tax imposed by this section on property that is located in more than one <span class="dictionary">jurisdiction</span> shall be collected by the clerk in proportion to the value of the property located in each such locality when recorded therein.
			Every <span class="dictionary">clerk of court</span> collecting taxes under this section for the county or city that he serves shall be entitled to compensation for such service at five percent of the amount so collected and paid. <a id="paragraph-249726" class="section-permalink" href="https://vacode.org/58.1-802/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 58-54.1; 1970, c. 772; 1972, c. 186; 1976, c. 558; 1982, c. 630; 1984, cc. 397, 675; 1988, c. 200; 2007, cc. 748, 768; 2012, c. 513; 2016, c. 662; 2020, c. 866.</history><metadata></metadata></law>
