2014 Virginia Code
Title 58.1 - Taxation
§ 58.1-809. When supplemental writings not taxable

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 supplemental to any such deed, mortgage, contract, agreement, modification, addendum, or other writing theretofore admitted to record, hereinafter called the prior instrument, 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 or writing is 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 the instrument, or to modify the terms, conditions, parties, or provisions of such prior instruments, 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.