SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 296 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 296

(By Senator Bailey)

____________

[Introduced January 22, 2008; referred to the Committee on Finance.]

____________




A BILL to amend and reenact §11-8-5 of the Code of West Virginia, 1931, as amended, relating to classification of property for levy purposes; requiring assessor to verify with Tax Commissioner that Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of the property is the residential address of the owner or owners; requiring Tax Commissioner to develop and implement a computerized system by which an assessor can confirm whether Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of their property is their residential address; requiring property owners to provide evidence to justify the classification of their Class II property if their tax returns do not indicate that their residential address is the address of the Class II property; and providing that the return is presumptive evidence that the subject property is owned, used and occupied by the owner exclusively for residential purposes or that farm property is occupied by the owners.

Be it enacted by the Legislature of West Virginia:
That §11-8-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8. LEVIES.

§11-8-5. Classification of property for levy purposes.

(a) For the purpose of levies, property shall be classified as follows:
Class I. All tangible personal property employed exclusively in agriculture, including horticulture and grazing;
All products of agriculture, including livestock, while owned by the producer;
All notes, bonds, bills and accounts receivable, stocks and any other intangible personal property;
Class II. All property owned, used and occupied by the owner exclusively for residential purposes;
All farms, including land used for horticulture and grazing, occupied and cultivated by their owners or bona fide tenants;
Class III. All real and personal property situated outside of municipalities, exclusive of Classes I and II;
Class IV. All real and personal property situated inside of municipalities, exclusive of Classes I and II.
(b)(1) In order to have property classified as Class II property the owner shall demonstrate to the satisfaction of the assessor that either:
(A) The property is owned, used and occupied by the owner exclusively for residential purposes; or
(B) That the property is a farm occupied and cultivated by the owners or bona fide tenants.
(2) By the first day of July, two thousand ten, and annually after that, the assessor shall verify with the Tax Commissioner with regard to each parcel of real property that is designated as Class II that the owner or owners of the property have filed a West Virginia Resident Income Tax Return, for the applicable period, that indicates that the address of the property is the residential address of the owner or owners. If the West Virginia Resident Income Tax Return does not so indicate the assessor shall notify the owner or owners, in writing, that:
(A) The owner or owners shall provide proof satisfactory to the assessor that the subject property is owned, used and occupied by the owner exclusively for residential purposes or that the property is a farm occupied and cultivated by the owners or bona fide tenants; and
(B) The proof must be submitted within thirty days or the property will be reclassified to either Class III or Class IV, as appropriate.
(3) Notwithstanding any provision requiring the confidentiality of tax return information contained in this code, by the first day of July, two thousand ten, the Tax Commissioner shall develop and implement a computerized system by which an assessor can confirm with the Tax Commissioner whether an owner of a parcel of Class II property has filed a West Virginia Resident Income Tax Return indicating that the address of the parcel is the residential address of the owner or owners.
(4) For purposes of classification under subsection (a) of this section, when the owner of a parcel of Class II property files a West Virginia Resident Income Tax Return indicating that the address of the parcel is the residential address of the owner, the return is presumptive evidence that the subject property is owned, used and occupied by the owner exclusively for residential purposes or that farm property is occupied by the owners.



NOTE: The purpose of this bill is to require assessors to verify with the Tax Commissioner that Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of the property is the residential address of the owner or owners. The bill requires the Tax Commissioner to develop and implement a computerized system by which an assessor can confirm whether Class II property owners have filed a West Virginia Resident Income Tax Return indicating that the address of their property is their residential address. The bill also requires owners to justify the classification of their Class II property if their tax returns do not indicate that their address is the address of the property, and provides that the return is presumptive evidence that the subject property is owned, used and occupied by the owner exclusively for residential purposes or that farm property is occupied by the owners.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print