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FinancingTransfer_taxes_and_recordation_feesHARD

Robert is a first-time homebuyer in Virginia who has heard that some localities impose additional transfer taxes beyond the state grantor's tax. He asks his agent whether Fairfax County can legally impose its own transfer or recordation tax on top of the state tax. Which of the following is the most accurate response the agent should give?

Correct Answer

B) Yes, Virginia Code § 58.1-802 authorizes localities to impose an additional recordation tax, and many Northern Virginia jurisdictions do so

Virginia Code § 58.1-802 expressly authorizes local jurisdictions to impose an additional recordation tax on deeds of conveyance, up to one-third of the state tax rate. Many Northern Virginia localities, including Fairfax County, Arlington County, and others, do in fact impose this additional local tax. This results in a combined state-plus-local tax burden at closing that buyers and sellers must account for. The agent's correct answer is that local taxes are legally authorized and commonly imposed.

Answer Options
A
No, only the state of Virginia may impose transfer taxes; local jurisdictions have no authority to add additional transfer taxes
B
Yes, Virginia Code § 58.1-802 authorizes localities to impose an additional recordation tax, and many Northern Virginia jurisdictions do so
C
Yes, but only if the locality has obtained special approval from the Virginia Real Estate Board (VREB)
D
Yes, but the combined state and local transfer tax rate cannot exceed $1.00 per $500 under Virginia law

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Related Topics & Key Terms

Key Terms:

local_transfer_taxrecordation_taxlocality_authoritynorthern_virginiavirginia_financing

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