[VA] Where do I include a tax exemption statement on a quit claim deed?
"This document is exempt from Virginia recordation tax for the following reason: The deed conveys real estate to trustees of a revocable inter vivos trust, and the grantors in the deed and the beneficiaries of the trust are the same persons, and no consideration has passed between the grantor and the beneficiaries (Virginia Code § 58.1-811(A)(12))."
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When preparing a quitclaim deed for transfer of property to a trust in Virginia, it’s important to ensure that the deed complies with local requirements for tax exemptions, especially if no consideration is being exchanged between the parties involved. The verbiage you mentioned is designed to exempt the transfer from Virginia’s recordation tax under the specific provisions of Virginia Code § 58.1-811(A)(12), which applies when property is transferred to the trustees of a revocable inter vivos trust, and the grantors and beneficiaries are the same individuals.
You should include this verbiage in the deed, specifically in the section of the document where exemptions are listed. In most quitclaim deeds, this section typically appears just before the legal description of the property being transferred, often under a heading such as “Exemption from Taxation” or “Recordation Tax Exemption.” If your deed includes a space for additional statements or exceptions, this is the ideal location to insert the exemption language.
The text should read as follows:
“This document is exempt from Virginia recordation tax for the following reason: The deed conveys real estate to trustees of a revocable inter vivos trust, and the grantors in the deed and the beneficiaries of the trust are the same persons, and no consideration has passed between the grantor and the beneficiaries (Virginia Code § 58.1-811(A)(12)).”
Once this language is added, ensure it is clearly separated from the rest of the content to avoid any confusion during the recording process. If you're using Netlaw's system and have already purchased the voucher, this step will likely ensure your filing proceeds smoothly. If you’ve already completed all the necessary fields and vouchers, but are still unsure about specific formatting requirements, it might be worth reviewing the template they offer or reaching out to their support to confirm that everything is correctly aligned.
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I am preparing a quit claim deed for VA in Prince William County and I need to add this verbiage since it’s going from an individual to trust and no monies are exchanged. Where will I put this:
"This document is exempt from Virginia recordation tax for the following reason: The deed conveys real estate to trustees of a revocable inter vivos trust, and the grantors in the deed and the beneficiaries of the trust are the same persons, and no consideration has passed between the grantor and the beneficiaries (Virginia Code § 58.1-811(A)(12))."
I understand you are preparing a quit claim deed for VA in Prince William County. Have you consulted with a real estate lawyer in Virginia before regarding this matter?
Nope.
Have you already drafted the quit claim deed, or do you need assistance with the verbiage and where to include the exemption information you mentioned?
I work with Netlaw so I use their vouchers.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your quit claim deed.
Yes, I have already drafted.
Hi there and welcome to AskaLawyer. My name is Brandon and I'm an attorney. I’ll be happy to help you out today. Please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship. My answers and comments should not be considered legal advice.
Please also note that I am human, that I often need to research your answer to give you an accurate response, that I work with other customers and get up from time to time. So please be patient while waiting for a response. If more than 30 minutes have passed, please feel free to reach out.
I am preparing a quit claim deed for VA in Prince William County and I need to add this verbiage since it’s going from an individual to trust and no monies are exchanged. Where will I put this:
"This document is exempt from Virginia recordation tax for the following reason: The deed conveys real estate to trustees of a revocable inter vivos trust, and the grantors in the deed and the beneficiaries of the trust are the same persons, and no consideration has passed between the grantor and the beneficiaries (Virginia Code § 58.1-811(A)(12))."
I have already paid Netlaw for this voucher.
When preparing a quitclaim deed for transfer of property to a trust in Virginia, it’s important to ensure that the deed complies with local requirements for tax exemptions, especially if no consideration is being exchanged between the parties involved. The verbiage you mentioned is designed to exempt the transfer from Virginia’s recordation tax under the specific provisions of Virginia Code § 58.1-811(A)(12), which applies when property is transferred to the trustees of a revocable inter vivos trust, and the grantors and beneficiaries are the same individuals.
You should include this verbiage in the deed, specifically in the section of the document where exemptions are listed. In most quitclaim deeds, this section typically appears just before the legal description of the property being transferred, often under a heading such as “Exemption from Taxation” or “Recordation Tax Exemption.” If your deed includes a space for additional statements or exceptions, this is the ideal location to insert the exemption language.
The text should read as follows:
“This document is exempt from Virginia recordation tax for the following reason: The deed conveys real estate to trustees of a revocable inter vivos trust, and the grantors in the deed and the beneficiaries of the trust are the same persons, and no consideration has passed between the grantor and the beneficiaries (Virginia Code § 58.1-811(A)(12)).”
Once this language is added, ensure it is clearly separated from the rest of the content to avoid any confusion during the recording process. If you're using Netlaw's system and have already purchased the voucher, this step will likely ensure your filing proceeds smoothly. If you’ve already completed all the necessary fields and vouchers, but are still unsure about specific formatting requirements, it might be worth reviewing the template they offer or reaching out to their support to confirm that everything is correctly aligned.
Ok thanks.
You’re very welcome. Thanks for using AskaLawyer.
