H. B. 4363
(By Delegates Perry, Fahey, Pino and Beach)
[Introduced February 1, 2002; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section five, article three, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to allowing a supplemental
assessment on personal property when personal property has
been omitted from the record books.
Be it enacted by the Legislature of West Virginia:
That section five, article three, chapter eleven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-5. Correction of previous property books; entry of omitted
property.
The assessor, in making out the land and personal property books, shall correct any and every mistake he or she shall discover
in the books for any previous year.
When the assessor shall ascertain that any real or personal
property in his or her county liable to taxation, other than that
mentioned in the next succeeding paragraph, has been omitted from
the land or personal property books for a period of less than five
years, he or she shall make an entry thereof in the proper book of
the year in which such omission was discovered, and assess the same
according to the rule prescribed in section one of this article,
and shall charge the same with all taxes chargeable against it at
the rate of levy for the year or years the same was omitted,
together with interest thereon at the rate of six percent per annum
for the years the same was omitted from the books: Provided, That
if the taxpayer requires proof of payment of personal property
taxes pursuant to section three-a, article three, chapter
seventeen-a, then the taxpayer may file a listing of all personal
property owned on the assessment date preceding the tax year or
years for which proof must be shown, to the assessor. The assessor
shall then create a supplemental assessment for the year or years
required for proof of payment, of all personal property provided on
the listing and present the supplemental assessment to the sheriff who shall apply the levy rate or rates for the year or years so
assessed and prepare a tax bill and collect the taxes together with
interest thereon at the rate of six percent per annum for the years
the same was omitted from the books and any penalties included
thereon.
And when the assessor shall ascertain that any notes, bonds,
bills and accounts receivable, stocks and other intangible personal
property in his or her county liable to taxation has been omitted
from the personal property books for a period of five years or less
after December thirty- first, one thousand nine hundred thirty-two,
he or she shall make entry thereof in the personal property book of
the year in which such omission was discovered, and assess the same
at its true and actual value according to the rule prescribed in
section one of this article, and shall charge the same with all
taxes chargeable against it after the year last aforesaid at the
rate of levy for the year or years the same was omitted after the
year aforesaid, together with interest thereon at the rate of six
percent per annum for the years the same was omitted from the
books.
Any assessor failing to make such entry as in this section
provided, when discovered by him or her, or called to his or her attention by any taxpayer interested therein, shall forfeit one
hundred dollars.
NOTE: The purpose of this bill is to allow the assessor to
create a supplemental assessment on personal property that was
omitted from the record books.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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