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Introduced Version Senate Bill 471 History

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sb471 intr
Senate Bill No. 471

(By Senators Tomblin, Mr. President, Yoder and Plymale)

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[Introduced March 7, 2005; referred to the Committee

on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating generally to consumers sales and service tax liability of homeowners' associations and their members; exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof; providing for taxability and exemption of purchases by homeowners' associations; and defining certain terms.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-15-9i, to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-9i. Exemption for dues, fees and assessments paid to a homeowner's association by a member.

(a) Membership dues, fees and assessments paid to a homeowners' association by a member thereof are exempt from the tax imposed by this article. This section shall not be construed to exempt from tax purchases of tangible personal property or services from homeowners' associations by nonmembers. Purchases of tangible personal property or services made by a homeowner's association are not exempt as purchases for resale except for those purchases of tangible personal property or services resold to nonmembers and subject to the tax imposed by this article at the time of resale. This section shall not be construed to abrogate or infringe upon other statutory exemptions applicable to purchases or sales by homeowners' associations.
(b) For purposes of this article:
(1) "Homeowners' association" means a homeowners' association as defined in Section 528 of the Internal Revenue Code of 1986, as amended. The term "homeowners' association" also includes any unit owners association organized under section one hundred one, article three, chapter thirty-six-b of this code.
(2) "Member" means a person having membership rights in a homeowners' association, in accordance with the provisions of its articles of incorporation, bylaws or other instruments creating its form and organization; and having bona fide rights and privileges in the organization ordinarily conferred on members of the homeowners' association, such as the right to vote, the right to elect officers and directors and the right to hold office within the organization. The term "member" also includes a "unit owner" as that term is defined in section one hundred three, article one, chapter thirty-six-b of this code.
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(NOTE: The purpose of this bill is to exempt from consumers sales and service tax payments of homeowners' association dues, fees and assessments by homeowners' association members to the homeowners' association.

This section is new; therefore, strike-throughs and underscoring have been omitted.
)
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