Tax Type
Recordation Tax
Description
Deeds Between Family Members; Presumption of Sale
Topic
Documents Subject to Tax
Date Issued
10-02-1970
A deed conveying land between members of a family that contains language which creates a presumption that the property was sold is subject to an additional recordation tax under § 58-54.1 of the Virginia Code. However, the presumption of sale can be overcome and the tax avoided if satisfactory evidence is offered to show that the property actually was not sold since no money was involved and the property was conveyed ``for love and affection.'
Attorney General's Opinion