Sections 58.1-803, 58.1-807, and 58.1-808 are not to be construed as requiring the payment of any tax for the recordation of any deed of trust, deed of subordination, mortgage, contract, agreement, modification, addendum, or other writing that is supplemental to any deed of trust, mortgage, contract, agreement, modification, addendum, or other writing theretofore admitted to record upon which the tax herein imposed has been paid, or which is exempt from the tax herein imposed by reason of subsection C of § 58.1-804, when the sole purpose and effect of the supplemental instrument is to wrap around a prior instrument, to convey property, in addition to or in substitution, in whole or in part, of the property conveyed in a prior instrument, to secure or to better secure the payment of the amount contracted for in a prior instrument, to alter the priority of a prior instrument, or to modify the terms, conditions, parties, or provisions of a prior instrument, other than to increase the amount of the principal obligation secured thereby.
The assumption of a deed of trust shall not be separately taxable under § 58.1-801, 58.1-803 or 58.1-807, whether such assumption is by a separate instrument or included in the deed of conveyance.
Code 1950, § 58-60; 1977, c. 153; 1981, c. 621; 1984, c. 675; 2015, cc. 434, 488.
Structure Code of Virginia
Chapter 8 - State Recordation Tax
§ 58.1-801. Deeds generally; charter amendments
§ 58.1-802. Additional tax paid by grantor; collection
§ 58.1-802.3. Regional transportation improvement fee
§ 58.1-803. Deeds of trust or mortgages; maximum tax
§ 58.1-804. Construction loan deeds of trust or mortgages
§ 58.1-807. Contracts generally; leases
§ 58.1-808. Sales contracts for the sale of rolling stock or equipment
§ 58.1-809. When supplemental writings not taxable
§ 58.1-810. What other deeds not taxable
§ 58.1-811. (Contingent expiration date - see note) Exemptions
§ 58.1-811. (Contingent effective date - see note) Exemptions
§ 58.1-813. Collection of tax by Department
§ 58.1-814. City or county recordation tax
§ 58.1-816.1. Transportation Improvement Program Set-aside Fund