Tax Type
Writ Taxes
Description
VIRGINIA TAX ON WILLS AND ADMINISTRATIONS REGULATIONS
Topic
Reports
Date Issued
01-01-1984
see date
VIRGINIA TAX ON WILLS AND ADMINISTRATIONS
REGULATIONS
VIRGINIA DEPARTMENT OF TAXATION
January 1, 1985
These regulations for the Virginia Tax on Wills and Administrations are published by the authority granted the State Tax Commissioner under Virginia Code § 58-48.6 (§ 58.1-203 effective January 1, 1985) and are subject to amendment, revision and supplemental regulations as required or appropriate.
Amendments, revision and updates to these regulations will be issued as replacement pages, each replacement page having on it the date of revision.
Each regulation section is numbered to reference the section of Title 58.1 of the Code of Virginia which it interprets. The first three digits, 630, identify these regulations, for purposes of the Virginia Register of Regulations, as regulations of the Department of Taxation. The digits following the first hyphen indicate the section of Title 58.1 being interpreted. For example, the section number 630-8-1711 identifies the agency (603), the tax on wills and administrations (8), and the section of Title 58.1, Code of Virginia, which is interpreted (1711).
W. H. Forst
State Tax Commissioner
Virginia Department of Taxation
P.O. Box 6-L
Richmond, VA 23282
EFFECTIVE DATE: January 1, 1985, with retroactive effect according to § 58-48.6 (recodified as § 58.1-203).
EXPIRATION: N/A
SUPERSEDES: All previous documents and any oral directives in conflict herewith.
REFERENCES: Code of Virginia §§ 58.1-1711 through 58.1-1714 and 58.1-1718 are regulated herein. References are also made to Code of Virginia §§ 64.1-75, 64.1-92, 64.1-94, and 64.1-135.
AUTHORITY: § 58-48.6, Code of Virginia, and § 58.1-203, on and after January 1, 1985.
SCOPE: Applicable to all persons submitting a will for probate or requesting a grant of administration.
SUMMARY: These regulations are initial regulations interpreting certain provisions of the tax on wills and administrations, consisting of § 630-8-1711 through 630-8-1714 and 630-8-1718.
ADOPTION DATE: September 19, 1984.
630-8-1711 PREFACE
630-8-1712 LEVY
630-8-1713 VALUE OF ESTATE
630-8-1714 FILING OF RETURN
630-8-1718 LOCAL TAX
P. D. 84-180
630-8-1711. Preface. The tax is on the privilege of submitting a will for probate or requesting a grant of administration. It is measured by the decedent's gross estate, within the Commonwealth's jurisdiction, passing by will or intestacy. It is imposed as a precedent to qualification of a personal representative.
630-8-1712. Levy. The following are examples of the application or nonapplication of the tax:
(1) The tax is imposed even if a will is probated without qualification.
(2) A will, already admitted to probate and on which a tax has been paid in a Virginia court, will not be taxed in order to be recorded in any other Virginia county or city where there is real or personal property subject to the will. See § 64.1-94, Code of Virginia.
(4) The filing of an affidavit with the clerk of court relating to real estate of an intestate decedent is not subject to tax. See § 64.1-135, Code of Virginia.
(5) A recovery for death by wrongful act is not taxable because it does not pass property by will or by intestacy.
630-8-1713. Value of Estate. A. 1. Resident--Upon the probate of the will of a resident decedent who owned real, tangible and intangible personal property, the tax is measured by the value of all intangible property wherever located and the value of the real and tangible property located in Virginia. "Resident" means a decedent who was domiciled in the Commonwealth of Virginia at his death.
2. Nonresident--Upon the probate of an authenticated copy of the will of a nonresident decedent, the tax is measured only by the value of the real or tangible property located in the Commonwealth. See § 64.1-92, Code of Virginia.
3. The following are examples of property not included in the valuation of the estate for purposes of the tax:
c. Insurance proceeds, unless payable to the estate.
d. Property that passes by inter vivos trust.
e. Bonds payable on debt to a named beneficiary.
4. Assets owned as tenants in common or joint tenants without right of survivorship are included to the extent of the interest of the deceased tenant.
5. Where a testator owned several parcels of real estate, but only devised certain of the parcels by will, leaving other parcels to pass according to the law of descent, the tax should be based upon all the real estate in the Commonwealth owned by the decedent at the date of valuation, and not only on the value of the parcels devised by will.
630-8-1714. Filing of return. The return is to be filed by the person submitting the will for probate or requesting the grant of administration.
630-8-1718. Local tax. If a county or city tax is imposed in an amount of one-third of the amount of the state tax, according to the provisions of §§ 58.1-3805 through 58.1-3808, Code of Virginia, the provisions of these regulations will also apply to such tax.
VIRGINIA TAX ON WILLS AND ADMINISTRATIONS
REGULATIONS
VIRGINIA DEPARTMENT OF TAXATION
January 1, 1985
INTRODUCTION
These regulations for the Virginia Tax on Wills and Administrations are published by the authority granted the State Tax Commissioner under Virginia Code § 58-48.6 (§ 58.1-203 effective January 1, 1985) and are subject to amendment, revision and supplemental regulations as required or appropriate.
Amendments, revision and updates to these regulations will be issued as replacement pages, each replacement page having on it the date of revision.
Each regulation section is numbered to reference the section of Title 58.1 of the Code of Virginia which it interprets. The first three digits, 630, identify these regulations, for purposes of the Virginia Register of Regulations, as regulations of the Department of Taxation. The digits following the first hyphen indicate the section of Title 58.1 being interpreted. For example, the section number 630-8-1711 identifies the agency (603), the tax on wills and administrations (8), and the section of Title 58.1, Code of Virginia, which is interpreted (1711).
W. H. Forst
State Tax Commissioner
Virginia Department of Taxation
P.O. Box 6-L
Richmond, VA 23282
VIRGINIA TAX ON WILLS AND.ADMINISTRATIONS REGULATIONS
EFFECTIVE DATE: January 1, 1985, with retroactive effect according to § 58-48.6 (recodified as § 58.1-203).
EXPIRATION: N/A
SUPERSEDES: All previous documents and any oral directives in conflict herewith.
REFERENCES: Code of Virginia §§ 58.1-1711 through 58.1-1714 and 58.1-1718 are regulated herein. References are also made to Code of Virginia §§ 64.1-75, 64.1-92, 64.1-94, and 64.1-135.
AUTHORITY: § 58-48.6, Code of Virginia, and § 58.1-203, on and after January 1, 1985.
SCOPE: Applicable to all persons submitting a will for probate or requesting a grant of administration.
SUMMARY: These regulations are initial regulations interpreting certain provisions of the tax on wills and administrations, consisting of § 630-8-1711 through 630-8-1714 and 630-8-1718.
ADOPTION DATE: September 19, 1984.
TABLE OF CONTENTS
Regulation Section Page630-8-1711 PREFACE
630-8-1712 LEVY
630-8-1713 VALUE OF ESTATE
630-8-1714 FILING OF RETURN
630-8-1718 LOCAL TAX
P. D. 84-180
630-8-1711. Preface. The tax is on the privilege of submitting a will for probate or requesting a grant of administration. It is measured by the decedent's gross estate, within the Commonwealth's jurisdiction, passing by will or intestacy. It is imposed as a precedent to qualification of a personal representative.
630-8-1712. Levy. The following are examples of the application or nonapplication of the tax:
(1) The tax is imposed even if a will is probated without qualification.
(2) A will, already admitted to probate and on which a tax has been paid in a Virginia court, will not be taxed in order to be recorded in any other Virginia county or city where there is real or personal property subject to the will. See § 64.1-94, Code of Virginia.
-
- (3) The qualification of an administrator de bonis non (D.B.N.), is ordinarily not subject to tax when the tax has been paid on the original qualification of the personal representative; however, if the estate value has been determined to be in excess of the originally taxed value, the excess is taxable.
(4) The filing of an affidavit with the clerk of court relating to real estate of an intestate decedent is not subject to tax. See § 64.1-135, Code of Virginia.
(5) A recovery for death by wrongful act is not taxable because it does not pass property by will or by intestacy.
630-8-1713. Value of Estate. A. 1. Resident--Upon the probate of the will of a resident decedent who owned real, tangible and intangible personal property, the tax is measured by the value of all intangible property wherever located and the value of the real and tangible property located in Virginia. "Resident" means a decedent who was domiciled in the Commonwealth of Virginia at his death.
2. Nonresident--Upon the probate of an authenticated copy of the will of a nonresident decedent, the tax is measured only by the value of the real or tangible property located in the Commonwealth. See § 64.1-92, Code of Virginia.
3. The following are examples of property not included in the valuation of the estate for purposes of the tax:
-
- a. Property passing by the exercise of a power of appointment.
-
- b. Jointly held property with right of survivorship.
c. Insurance proceeds, unless payable to the estate.
d. Property that passes by inter vivos trust.
e. Bonds payable on debt to a named beneficiary.
4. Assets owned as tenants in common or joint tenants without right of survivorship are included to the extent of the interest of the deceased tenant.
5. Where a testator owned several parcels of real estate, but only devised certain of the parcels by will, leaving other parcels to pass according to the law of descent, the tax should be based upon all the real estate in the Commonwealth owned by the decedent at the date of valuation, and not only on the value of the parcels devised by will.
630-8-1714. Filing of return. The return is to be filed by the person submitting the will for probate or requesting the grant of administration.
630-8-1718. Local tax. If a county or city tax is imposed in an amount of one-third of the amount of the state tax, according to the provisions of §§ 58.1-3805 through 58.1-3808, Code of Virginia, the provisions of these regulations will also apply to such tax.
Rulings of the Tax Commissioner