H. B. 2395
(By Delegates D. Poling, Caputo, Ellem,
Longstreth, Skaff, Poore and Guthrie)
[Introduced January 12, 2011; referred to the
Committee on Finance.]
A BILL to amend and reenact §11A-1-3 of the Code of West Virginia, 1931, as amended, relating to clarifying an exception that allow sheriffs, with the consent of the county commission, to collect property taxes in more than two installments.
Be it enacted by the Legislature of West Virginia:
That §11A-1-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. ACCRUAL AND COLLECTION OF TAXES.
§11A-1-3. Accrual; time for payment; interest on delinquent taxes.
(a) All current taxes assessed on real and personal property may be paid in two installments. The first installment shall be payable on September 1 of the year for which the assessment is made, and shall become delinquent on October 1; the second installment shall be payable the following March 1 and shall become delinquent on April 1. Taxes paid on or before the date when they are payable, including both first and second installments, shall be subject to a discount of two and one-half percent. If taxes are not paid on or before the date on which they become delinquent, including both first and second installments, interest at the rate of nine percent per annum shall be added from the date they become delinquent until paid. However, this subsection does not prohibit the sheriff from establishing additional methods of payment in accordance with the provisions of section eight-a of this article.
(b) With regard to real and personal property taxes, when any return, claim, statement or other document is required to be filed, or any payment is required to be made within a prescribed period or before a prescribed date, and the applicable law requires delivery to the office of the sheriff of a county of this state, the methods prescribed in section five-f, article ten, chapter eleven of this code for timely filing and payment to the Tax Commissioner or Department of Tax and Revenue shall be the same methods utilized for timely filing and payment with such sheriff. Nothing contained in this subsection (b) shall prohibit prohibits the sheriff from establishing additional methods of payment in accordance with the provisions of section eight-a of this article.
NOTE: The purpose of this bill is to clarify an exception that allow sheriffs, with the consent of the county commission, to collect property taxes in more than two installments.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.