58.1-807 - Contracts generally; leases.
§ 58.1-807. Contracts generally; leases.
A. Except as hereinafter provided, on every contract or memorandum thereofrelating to real or personal property admitted to record, a recordation taxis hereby levied at the rate of 25 cents on every $100 or fraction thereof ofthe consideration or value contracted for.
B. The recordation of a deed of lease for a term of years, or assignment ofthe lessee's interest therein, or memorandum thereof, shall be taxedaccording to the provisions of this section, unless provided otherwise in §58.1-809 or unless the annual rental, multiplied by the term for which thelease runs, or remainder thereof, equals or exceeds the actual value of theproperty leased. In such cases the tax for recording the deed of lease shallbe based upon the actual value of the property at the date of lease,including the value of any realty required by the terms of the lease to beconstructed thereon by the lessor.
C. The recordation of an assignment of the lessor's interest in a lease, ormemorandum thereof, shall be taxed according to the provisions of thissection, unless the assignment of the lessor's interest in the lease is toprovide additional security for an obligation of the lessor on which the taxhas been previously paid, or the assignment of the lessor's interest is madeto the person who owns the property which is subject to the lease. In suchcases there shall be no tax for recording the lessor's assignment of thelease.
D. Notwithstanding the other provisions of this section, the tax on therecordation of leases of oil and gas rights shall be $25. The tax on therecordation of leases of coal and other mineral rights shall be $50.
E. Notwithstanding the other provisions of this section, the tax on therecordation of leases of outdoor advertising signs owned by a person engagedin the business of outdoor advertising licensed by the Virginia Department ofTransportation pursuant to § 33.1-361 shall be $25.
F. Notwithstanding the other provisions of this section, the tax on therecordation of a lease of a communications tower or a communications towersite shall be $75; the tax on the recordation of each lease to affix anycommunications equipment or antenna to any such tower or other structureshall be $15.
(Code 1950, § 58-58; 1972, c. 186; 1981, c. 443; 1982, cc. 436, 630; 1983, c.89; 1984, c. 675; 2001, c. 586; 2002, c. 14; 2004, c. 974; 2004, Sp. Sess. I,c. 3.)