                                 CODE OF VIRGINIA

PAYMENT PREREQUISITE TO RECORDATION; EXCEPTIONS; ASSESSMENT AND COLLECTION OF
TAX; PENALTY FOR MISREPRESENTATION (§ 58.1-812)

A. Except as otherwise provided in this chapter, no deed, deed of trust,
contract or other instrument shall be admitted to record without the payment of
the tax imposed thereon by law and the fee pursuant to &#xA7; 58.1-817, as
applicable. However, after payment of the tax imposed by this chapter, when an
instrument is first offered for recordation, such instrument may thereafter be
recorded in the office of any other clerk without the payment of any tax except
any local recordation tax as provided in Article 1 (&#xA7; 58.1-3800 et seq.) of
Chapter 38. Any instrument may also be recorded free of tax and fee in the
office of the clerk where such instrument was originally recorded when the
record containing such instrument has been destroyed.

B. The tax on every deed, deed of trust, contract or other instrument shall be
determined and collected by the clerk in whose office the instrument is first
offered for recordation. The clerk may ascertain the consideration of the deed
or of the instrument, the actual value of the property conveyed, and the
qualification of the deed or instrument for any exemption claimed by inquiry,
affidavit, declaration or other extrinsic evidence acceptable to the clerk. The
fee shall be $3 on every recorded deed, deed of trust, contract, or other
instrument pursuant to &#xA7; 58.1-817 and shall be collected by the clerk in
whose office the deed is offered for recordation.

C. Any person who knowingly misrepresents the consideration for the interest in
property conveyed by a deed or other instrument or any of the other information
requested by the clerk of court pursuant to this section shall be guilty of a
Class 1 misdemeanor. If an understatement of the consideration is false or
fraudulent with intent to evade a tax, a penalty equal to 100 percent of the tax
due on the understatement shall be added to the amount of the tax due, plus
interest on the tax at a rate determined in accordance with &#xA7; 58.1-15 from
the time the tax was required by law to be filed until paid.

D. Except as otherwise specifically provided, nothing contained in this chapter
shall limit the right of the parties to any deed, deed of trust, contract,
lease, or other instrument to allocate responsibility for the payment of the
recordation taxes and fees imposed under this chapter among themselves in any
manner they determine. A clerk who in good faith collects such taxes and fees
upon recordation of a deed, deed of trust, contract, lease, or other instrument
in reliance upon information provided by the person submitting such deed, deed
of trust, contract, lease, or other instrument for recordation shall have no
personal liability for any deficiency in the amount of such taxes or fees
collected that is later determined to be due and payable.

HISTORY: Code 1950, §§ 58-63, 58-65; 1978, c. 693; 1984, c. 675; 1988, cc.
421, 738; 2004, c. 990; 2009, cc. 95, 686; 2015, cc. 434, 488; 2020, c. 623.