Clarke County, VA
Home MenuRollback Taxes
This is explaining how Virginia’s land use taxation program works when land stops qualifying for the reduced “land use” assessment.
- Land in the Land Use Program is taxed at a lower value because it is being used for agriculture, forestry, horticulture, or open space.
- The tax savings are considered a deferment, not a permanent exemption.
- If the land use changes to something non-qualifying (like building houses or subdividing lots), the locality can collect the taxes that were “saved” in prior years. That is called a rollback tax.
Here’s what the paragraph means section by section:
Rollback period
If qualifying land changes to non-qualifying use:
- The county can charge rollback taxes for:
- the current tax year, plus
- up to the previous 5 years
- So the maximum rollback covers 6 years total.
If the property has been in the program less than 5 years, they only go back to when it entered the program.
Selling less than 5 acres
If a qualifying parcel loses acreage and the remaining tract or sold tract no longer qualifies:
- Rollback taxes apply to the acres that no longer qualify.
Example:
- You own 20 qualifying acres.
- You sell 3 acres.
- Those 3 acres may no longer qualify under land use.
- Rollback taxes would be assessed on those 3 acres.
Building a house
If a home is built on qualifying land:
- Usually 1 acre around the homesite is removed from land use.
- Rollback taxes are charged on that 1-acre homesite.
The rest of the land may still qualify if it meets acreage and use requirements.
Who pays the rollback tax?
The key rule is:
The person who changes the use from qualifying to non-qualifying pays the rollback tax.
Examples:
Example 1
- You sell 5 acres of qualifying land.
- Buyer later builds a house.
- Buyer changed the use.
- Buyer gets the rollback tax.
Example 2
- You remove land from farming before selling.
- You changed the use.
- You get the rollback tax.
So ownership alone does not trigger rollback taxes — the triggering event is the change in use.
