58.1-812 - Payment prerequisite to recordation; exceptions; assessment and collection of tax; penalty for misrepresentation. - Virginia Statutes

§ 58.1-812. Payment prerequisite to recordation; exceptions; assessment andcollection of tax; penalty for misrepresentation.

A. Except as otherwise provided in this chapter, no deed, deed of trust,contract or other instrument shall be admitted to record without the paymentof the tax imposed thereon by law and the fee pursuant to § 58.1-817, asapplicable. However, after payment of the tax imposed by this chapter, whenan instrument is first offered for recordation, such instrument maythereafter be recorded in the office of any other clerk without the paymentof any tax except any local recordation tax as provided in Article 1 (§58.1-3800 et seq.) of Chapter 38 of this title. Any instrument may also berecorded free of tax and fee in the office of the clerk where such instrumentwas originally recorded when the record containing such instrument has beendestroyed.

B. The tax on every deed, deed of trust, contract or other instrument shallbe determined and collected by the clerk in whose office the instrument isfirst offered for recordation. The clerk may ascertain the consideration ofthe deed or of the instrument, the actual value of the property conveyed, andthe qualification of the deed or instrument for any exemption claimed byinquiry, affidavit, declaration or other extrinsic evidence acceptable to theclerk. The fee shall be $1 on every recorded deed pursuant to § 58.1-817 andshall be collected by the clerk in whose office the deed is offered forrecordation.

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

(Code 1950, §§ 58-63, 58-65; 1978, c. 693; 1984, c. 675; 1988, cc. 421, 738;2004, c. 990; 2009, cc. 95, 686.)