§ 58.1-900. Title
This chapter shall be known and may be cited as the “Virginia Estate Tax Act.” Code 1950, § 58-238.1; 1978, c. 838; 1984, c. 675.
§ 58.1-901. Definitions
As used in this chapter, unless the context clearly shows otherwise, the term or phrase: “Decedent” means a deceased person. “Federal credit” means the maximum amount of the credit for state death taxes allowable by § 2011 of the United States Internal Revenue Code of 1954, as amended or renumbered, or successor provision, in respect […]
§ 58.1-902. Tax on transfer of taxable estate of residents; amounts; credit; property of resident defined
A. A tax in the amount of the federal credit is imposed on the transfer of the taxable estate of every resident, subject, where applicable, to the credit provided for in subsection B. B. If the real and tangible personal property of a resident is located outside of the Commonwealth and is subject to a […]
§ 58.1-903. Tax on transfer of taxable estate of nonresidents; property of nonresident defined
A. A tax in an amount computed as provided in this section is imposed on the transfer of every nonresident’s taxable estate located in the Commonwealth of Virginia. The tax shall be an amount computed by multiplying the federal credit by a fraction, the numerator of which is the value of that part of the […]
§ 58.1-904. Tax upon estates of alien decedents
A. A tax in an amount computed as provided in this section is imposed upon the transfer of real property and tangible personal property having an actual situs in the Commonwealth of Virginia and upon intangible personal property physically present within the Commonwealth of every person who at the time of death was not a […]
§ 58.1-905. Filing returns; payment of tax due thereon
A. The personal representative of every estate subject to the tax imposed by this chapter who is required by the laws of the United States to file a federal estate tax return shall file with the Department, on or before the date the federal estate tax return is required to be filed: (i) a return […]
§ 58.1-906. Amended returns
A. If the personal representative files an amended federal estate tax return, he shall immediately file with the Department an amended return covering the tax imposed by this chapter, accompanying the same with a copy of the amended federal estate tax return. If the personal representative is required to pay an additional tax under this […]
§ 58.1-907. Certification of payment by Department
Upon the payment of the estate tax, or if no tax is due pursuant to a filing under § 58.1-905 or § 58.1-906, upon the ascertainment of that fact, the Department shall certify such fact to the personal representative. Code 1950, § 58-238.8; 1978, c. 838; 1984, c. 675.
§ 58.1-908. Nonpayment of tax; lien for unpaid taxes; certificate of release from lien
A. A lien shall arise as follows upon all property, real or personal, located in the Commonwealth of Virginia, of every decedent having a taxable estate who fails to pay the tax imposed by this chapter: 1. In the case of a nonresident decedent having a taxable estate a lien shall not arise automatically upon […]
§ 58.1-909. Liability of personal representative
The tax and interest imposed by this chapter shall be paid by the personal representative. If any personal representative distributes either in whole or in part any of the property of an estate to the heirs, next of kin, distributees, legatees or devisees without having paid or secured the tax due pursuant to this chapter, […]
§ 58.1-910. Duty of resident representative of a nonresident decedent
A resident personal representative holding personal property of a deceased nonresident subject to the tax shall deduct the tax or collect it from the personal representative in the state of the decedent’s domicile and shall not deliver such property to him or any other person until he has collected the tax and paid the same […]
§ 58.1-911. Final account
No final account of a personal representative shall be approved by a commissioner of accounts unless the commissioner finds that all state, county or city taxes assessed and chargeable upon property in the hands of a personal representative have been paid. No final account of a personal representative who is required to file a federal […]
§ 58.1-912. Deposit of funds
All moneys collected pursuant to this chapter shall be paid into the general fund of the state treasury. Code 1950, § 58-238.15; 1978, c. 838; 1984, c. 675.