Tax Type
Recordation Tax
Description
Gift from Parents to Daughter and Her Husband
Topic
Documents Subject to Tax
Date Issued
08-07-1970
A tax is imposed upon the recordation of a deed of gift from husband and wife to a daughter and her husband.
[Issue and opinion]
I have received your letter of August 4, in which you ask whether a tax is imposed upon the recordation of a deed of gift from husband and wife to a daughter and her husband. I am of the opinion such a transfer does not come within the exemptions provided by § 58-61 of the Code and is therefore subject to the tax imposed by § 58-54.1. I explained this answer in more detail in a June 18, 1970, letter to the Honorable Betsy W. Jordan, Clerk of the Circuit Court of the City of Waynesboro, a copy of which is enclosed.
You also ask whether the forfeiture provided by § 58-1090 of the Code should be paid over to the county or to the Commonwealth. As the Commonwealth holds title to the property only ``for the benefit of the county' (Va. Code § 58-1067), I am of the opinion that the forfeiture should be paid over to the county.
Attorney General's Opinion