[HISTORY: Adopted by the Board of Supervisors of Amelia County 6-29-1970. Amendments noted where applicable.]
This chapter shall be known as the "Recordation Tax Ordinance."
A. 
On every deed, except those exempt from local taxation, which is admitted to record, the tax shall be $0.05 on every $100 or fraction thereof of the consideration of the deed or the actual value of the property conveyed, whichever is greater.
B. 
Upon deeds conveying property lying partly within Amelia County and partly outside of the County, the tax herein imposed shall apply only to the value of so much of the property conveyed as is situated within the County of Amelia.
A. 
On deeds of trust or mortgages the tax shall be $0.05 upon every $100 or portion thereof of the amount of bonds or other obligations secured thereby.
B. 
On deeds of trust or mortgages upon the works and property of a railroad or other internal improvement company, lying partly in Amelia County and partly outside of the County, such tax shall be upon such proportion of the amount of bonds or other obligations secured thereby as the number of miles of the line of such company in this County bears to the whole number of miles of the lines of such company conveyed by such deed of trust or mortgage.
C. 
Upon deeds of trust or mortgages conveying other property lying partly within the County and partly outside of the County, the tax herein imposed shall be only upon such proportion of the debt secured as the value of the property located within the County, or which may be brought into the County, bears to the entire amount of property conveyed by such deed of trust or mortgage.
D. 
On deeds of trust or mortgages which provide for an initial issue of bonds, and thereafter additional bonds, unlimited in amount, if such deed of trust or mortgage shall provide that as and when such additional bonds are issued, a supplemental indenture shall be recorded in the office in which the original deed of trust or mortgage is first recorded, which supplement shall contain a statement as to the amount of the additional bonds to be issued, then the tax shall be paid upon the initial amount of bonds when the original deed of trust is recorded and on each additional amount of bonds when the supplemental indenture relating to such additional bonds shall be recorded.
A. 
As used in this section, the term "construction loan deed of trust or mortgage" means a deed of trust or mortgage upon real estate which states therein that it is given to secure a loan for real estate construction, and the terms of which provide that the principal sum owing the instrument giving rise to the deed of trust or mortgage shall become due and payable three years or less from the date of such instrument; and the term "permanent loan deed of trust or mortgage" means a deed of trust or mortgage upon real estate, the terms of which provide that the principal sum owing under the instrument giving rise to the deed of trust or mortgage shall become due and payable more than three years from the date of such instrument, and such deed of trust or mortgage secures an instrument made by the same persons who made the instrument which the construction loan deed of trust or mortgage secured in an amount equal to or greater than such construction loan deed of trust or mortgage and substantially the same real estate is conveyed thereby.
B. 
The tax imposed by § 248-3 of this chapter shall apply to construction loan deeds of trust or mortgages.
C. 
The tax provided by § 248-3 of this chapter shall not be imposed upon a permanent loan deed of trust or mortgage, as defined herein, if such deed of trust or mortgage is recorded within three years of the date of the recordation of the construction loan deed of trust or mortgage, as defined herein, and the tax on the construction loan deed of trust or mortgage has been paid, but if the permanent loan deed of trust or mortgage, as defined herein, secures an instrument, the principal amount of which is more than the construction loan deed of trust or mortgage, the tax shall be calculated on the additional amount; provided, however, that such permanent loan deed of trust or mortgage shall contain a reference to the construction loan deed of trust or mortgage and the book and page where recorded.
On every contract relating to real or personal property, except as hereinafter provided, which is admitted to record, the tax shall be $0.05 on every $100 or fraction thereof of the consideration or value contracted for; provided, however, that the tax for recording a deed of lease for a term of years shall be taxed according to the provisions of this section, except that when the annual rental, multiplied by the term for which the lease runs, equals or exceeds the actual value of the property leased, then the tax for recording the deed of lease shall be based upon the actual value of the property at the date of lease.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Sections 248-3 and 248-5 are not to be construed as requiring the payment of any tax for the admitting to record of any deed of trust, mortgage, contract or other writing supplemental to any deed of trust, mortgage, contract or other writing theretofore admitted to record and upon which the tax herein imposed has been paid, hereinafter called the original agreement, when the sole purpose and effect of the supplemental deed of trust, mortgage, contract or other writing is to convey, set over or pledge property, real or personal, in addition to or in substitution, in whole or in part, of the property conveyed, set over or pledged in the original instrument, to secure or to better secure the payment of the amount contracted for in the original instrument, but in such case there shall be no tax for the admitting to record of such supplemental deed of trust, mortgage, contract or other writing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No additional recordation tax shall be required for admitting to record any deed of confirmation or deed of correction or deed in which a husband and wife being tenants in common, joint tenants or tenants by the entireties, whether or not with the right of survivorship as at common law are both grantors and grantees from themselves to themselves, the only change being one of tenancy, or for any deed between parent and child or husband and wife and no monetary consideration passes between the parties, when the tax has been paid at the time of the recordation of the original deed or on any deed arising out of a contract to purchase real estate, when the tax as provided in § 248-5 with reference to such contract has been paid, provided that, if the tax already paid is less than a proper tax based upon the full amount of consideration or actual value of the property involved in the transaction, an additional tax shall be paid based on the difference between the full amount of such consideration or actual value and the amount on which the tax has been paid.
Any instrument may be rerecorded free of tax in the same Clerk's office when the record containing such instrument has been destroyed by fire or otherwise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All deeds and deeds of trust or mortgages exempt from the state recordation tax under § 58.1-800 et seq. of the Code of Virginia 1950, as amended, are likewise exempt from taxation under this chapter; in addition, all deeds and other writings for which the state recordation tax is a fixed amount unrelated to consideration or value are exempt from the tax imposed by this chapter.
Except as provided in this chapter, no deed or other instrument shall be admitted to record without the payment of the tax imposed thereon by this chapter.