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VIRGINIA WARRANTY DEED
[Husband and Wife to a Trust] Control Number: VA-015-78
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RECORDATION TAXES AND EXEMPTIONS
§ 58.1-811. Exemptions.
A. The taxes imposed by §§ 58.1-801 and 58.1-807 shall not apply to any deed conveying real
estate or lease of real estate: 1. To an incorporated college or other incorporated institution of learning not conducted for
profit, where such real estate is intended to be used for educational purposes and not as a source
of revenue or profit; 2. To an incorporated church or religious body or to the trustee or trustees of any church or religious body, or a corporation mentioned in § 57-16.1, where such real estate is intended to be
used exclusively for religious purposes, or for the residence of the minister of any such church or
religious body; 3. To the United States, the Commonwealth, or to any county, city, town, district or other
political subdivision of the Commonwealth; 4. To the Virginia Division of the United Daughters of the Confederacy; 5. To any nonstock corporation organized exclusively for the purpose of owning or operating a hospital or hospitals not for pecuniary profit; 6. To a corporation upon its organization by persons in control of the corporation in a transaction
which qualifies for nonrecognition of gain or loss pursuant to § 351 of the Internal Revenue
Code as it exists at the time of the conveyance; 7. From a corporation to its stockholders upon complete or partial liquidation of the corporation
in a transaction which qualifies for income tax treatment pursuant to § 331, 332, 333 or 337 of
the Internal Revenue Code as it exists at the time of liquidation; 8. To the surviving or new corporation, partnership, limited partnership, business trust, or limited
liability company upon a merger or consolidation to which two or more such entities are parties, or in a reorganization within the meaning of § 368 (a) (1) (C) and (F) of the Internal Revenue
Code as amended; 9. To a subsidiary corporation from its parent corporation, or from a subsidiary corporation to a
parent corporation, if the transaction qualifies for nonrecognition of gain or loss under the
Internal Revenue Code as amended; 10. To a partnership or limited liability company, when the grantors are entitled to receive not
less than 50 percent of the profits and surplus of such partnership or limited liability company;
provided that the transfer to a limited liability company is not a precursor to a transfer of control
of the assets of the company to avoid recordation taxes;
11. From a partnership or limited liability company, when the grantees are entitled to receive not
less than 50 percent of the profits and surplus of such partnership or limited liability company;
provided that the transfer from a limited liability company is not subsequent to a transfer of
control of the assets of the company to avoid recordation taxes; 12. To trustees of a revocable inter vivos trust, when the grantors in the deed and the
beneficiaries of the trust are the same persons, regardless of whether other beneficiaries may also
be named in the trust instrument, when no consideration has passed between the grantor and the
beneficiaries; and to the original beneficiaries of a trust from the trustees holding title under a
deed in trust; 13. When the grantor is the personal representative of a decedent's estate or trustee under a will
or inter vivos trust of which the decedent was the settlor, other than a security trust defined in §
55-58.1, and the sole purpose of such transfer is to comply with a devise or bequest in the
decedent's will or to transfer title to one or more beneficiaries after the death of the settlor in
accordance with a dispositive provision in the trust instrument; or 14. When the grantor is an organization exempt from taxation under § 501 (c) (3) of the Internal
Revenue Code that is organized and operated primarily to acquire land and purchase materials to
erect or rehabilitate low-cost homes on such land, which homes are sold at cost to persons who
otherwise would be unable to afford to buy a home through conventional means, located in
Amherst County or the City of Lynchburg. B. The taxes imposed by §§ 58.1-803 and 58.1-804 shall not apply to any deed of trust or
mortgage: 1. Given by an incorporated college or other incorporated institution of learning not conducted
for profit; 2. Given by the trustee or trustees of a church or religious body or given by an incorporated
church or religious body, or given by a corporation mentioned in § 57-16.1; 3. Given by any nonstock corporation organized exclusively for the purpose of owning and/or operating a hospital or hospitals not for pecuniary profit; 4. Given by any local governmental entity or political subdivision of the Commonwealth to
secure a debt payable to any other local governmental entity or political subdivision; or 5. Securing a loan made by an organization described in subdivision 14 of subsection A of this
section. C. The tax imposed by § 58.1-802 and the fees imposed by § 58.1-802.1 shall not apply to any: 1. Transaction described in subdivisions 6 through 13 of subsection A of this section; 2. Instrument or writing given to secure a debt;
3. Deed conveying real estate from an incorporated college or other incorporated institution of
learning not conducted for profit; 4. Deed conveying real estate from the United States, the Commonwealth or any county, city,
town, district or other political subdivision thereof; 5. Conveyance of real estate to the Commonwealth or any county, city, town, district or other political subdivision thereof, if such political unit is required by law to reimburse the parties
taxable pursuant to § 58.1-802 or subject to the fee under § 58.1-802.1; or 6. Deed conveying real estate from the trustee or trustees of a church or religious body or from
an incorporated church or religious body, or from a corporation mentioned in § 57-16.1. D. No recordation tax shall be required for the recordation of any deed of gift between a
grantor or grantors and a grantee or grantees when no consideration has passed between the parties. Such deed shall state therein that it is a deed of gift. E. The tax imposed by § 58.1-807 shall not apply to any lease to the United States, the Commonwealth, or any county, city, town, district or other political subdivision of the
Commonwealth. F. The taxes and fees imposed by §§ 58.1-801, 58.1-802, 58.1-802.1, 58.1-807, 58.1-808 and
58.1-814 shall not apply to (i) any deed of gift conveying real estate or any interest therein to
The Nature Conservancy or (ii) any lease of real property or any interest therein to The Nature
Conservancy, where such deed of gift or lease of real estate is intended to be used exclusively for
the purpose of preserving wilderness, natural or open space areas. G. The words "trustee" or "trustees," as used in subdivision 2 of subsection A, subdivision 2 of
subsection B, and subdivision 6 of subsection C, include the trustees mentioned in § 57-8 and the
ecclesiastical officers mentioned in § 57-16. H. No recordation tax levied pursuant to this chapter shall be levied on the release of a
contractual right, if the release is contained within a single deed that performs more than one
function, and at least one of the other functions performed by the deed is subject to the
recordation tax. I. No recordation tax levied pursuant to this chapter shall be levied on a deed, lease, easement,
release, or other document recorded in connection with a concession pursuant to the Public-
Private Transportation Act of 1995 (§ 56-556 et seq.) or similar federal law.
Warranty Deed Page 1 of 2Prepared by and, after Recording, Return to: Grantee’s Name and Current Address: Tax Map Reference No. Consideration and/or assumption balance to be paid: $
FFFExempt from Recordation Taxes pursuant to Section
FF, Virginia Code. WARRANTY DEED (Husband and Wife to a Trust) KNOW ALL MEN BY THESE PRESENTS THAT: FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and
valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,
______________________________ and ______________________________, Husband and Wife,
hereinafter referred to as “Grantors”, do hereby grant, convey and warrant unto
______________________, as Trustee of ______________________ trust, dated ________________,
hereinafter “Grantee”, the following lands and property, together with all improvements located thereon,
lying in the County of ______________________, State of Virginia, to-wit: Describe Property of State "SEE DESCRIPTION ATTACHED" Prior instrument reference: Book _ _____ , P ag e _ _____ , D ocu m en t N o. _ _____ , o f t h e R eco rd er o f ______________________ County, Virginia. LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned
by Grantors, if any, which are reserved by Grantors.SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of
record, if any. TO HAVE AND TO HOLD same unto Grantee, and unto Grantee’s assigns forever, with all
appurtenances thereunto belonging. GRANTORS do for Grantors and Grantors’ heirs, personal representatives, executors and assigns
forever hereby covenant with GRANTEE that Grantors are lawfully seized in fee simple of said premises;
that the premises are free from all encumbrances, unless otherwise noted above; that Grantors have a
Warranty Deed Page 2 of 2good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said
lands against all claims whatever.WIT N ESS G ra n to r(s ) h an d(s ) t h is t h e _ ___ d ay o f _ _______________ , 2 0____ .(1st
Grantor’s Signature)(2nd
Grantor’s Signature) Print or Type Name Print or Type NameCommonwealth of VirginiaCounty of __________________ The foregoing instrument was acknowledged before me this __________________ (date) by
_______________________________ (name of person(s) acknowledged). ______________________________Notary PublicPrinted Name: ________________________ My Commission Expires: __________________