Tax Type
Recordation Tax
Description
Realty transfer tax exemptions; Revocable trust grantors and beneficiaries
Topic
Exemptions
Date Issued
12-17-1996
December 17,1996
Re: Request for Ruling: Recordation Tax
Dear***********
This will reply to your letter of April 19,1996, requesting a ruling on several recordation tax questions. Specifically, your request is on the interpretation of Code of Virginia § 58.1-811 A 12 both prior and subsequent to the 1995 amendment of this code section. I apologize for the delay in responding to your correspondence.
Facts
You ask whether prior to 1995, an exemption existed for a transfer of property to a revocable trust unless the grantor was also a current beneficiary of the trust. You also ask if the exemption existed when the beneficiary had a contingent or vested remainder interest. You then ask whether Code of Virginia § 58.1-811 A 12, as amended in 1995, allows for the exemption from recordation tax when a transfer is made to a revocab!e trust and no consideration has passed, or if grantors and beneficiaries must be the same persons and that no consideration has passed.
Ruling
Prior to the 1995 amendment, no other exemption exists which would allow a grantor to transfer property to a revocable trust unless that grantor was also the beneficiary of the trust. Code of Virginia §58.1-811 A 12 stated that the recordation tax ... shall not apply to any deed conveying real estate: ... To trustees of a trust, when the grantors in the deed and the beneficiaries of the trust are the same persons (Emphasis added.) The grantor and the beneficiaries must be the same. No additional beneficiaries are allowed in order to qualify for the exemption. The exemption may apply to future beneficial interests depending on the facts and circumstances. For example, two grantors may transfer property which they own jointly to a trustee naming one grantor as the life beneficiary and the other grantor as the remainder beneficiary.
-
- Code of Virginia §58.1-811 A 12 currently provides that the recordation tax
"shall not apply to any deed conveying real estate: ... To trustees of a revocable inter vivos trust, when the grantors in the deed and the beneficiaries of the trust are the same persons, regardless of whether other beneficiaries may also be named in the trust instrument, when no consideration has passed between the grantor and the beneficiaries; ...
- Code of Virginia §58.1-811 A 12 currently provides that the recordation tax
The 1995 Fiscal Impact Statement prepared by the Department of Taxation stated that the purpose of the amendment is to expand the existing recordation exemption to situations when the grantors and the beneficiaries are the same persons, even if others are also named as beneficiaries, and no consideration has passed.
I hope that the above information will be beneficial to you. If you have any questions regarding this ruling, please contact**********at***********.
Sincerely,
Danny M. Payne
Tax Commissioner
Rulings of the Tax Commissioner