H. B. 2790
(By Delegate Seacrist)
[Introduced March 27, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections two and fifteen, article
three, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto a new section,
designated section two-b, all relating to assessments;
providing for a uniform filing deadline for all lists,
returns and applications filed with county assessors;
extensions.
Be it enacted by the Legislature of West Virginia:
That sections two and fifteen, article three, chapter eleven
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted; and that said article
be further amended by adding thereto a new section, designated
section two-b, all to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-2. Canvass by assessor; lists of property.
On the first day of July, in each year, the assessors and
their deputies shall begin the work of assessment in their
respective counties, and shall, from that date, diligently and
continuously pursue with all reasonable dispatch, their work of
assessment until the same is completed: Provided, That the
assessor and his or her deputies shall finish their work of
assessment, and complete the land and personal property books not
later than the thirtieth day of January. Beginning on the first
day of July, as aforesaid, the assessor or a deputy shall obtain
from every person in the county who is liable to assessment, a
full and correct description of all of the personal property of
which he or she was the owner on the first day of July of the
current year, fixing what he or she deems to be the true and
actual value of each item of personal property for the guidance
of the assessor, who shall finally settle and determine the
actual value of each item of such property by the rule prescribed
in section one of this article. The assessor or a deputy shall
also obtain from such person separate, full and true statements,
in like manner, and upon forms to be furnished him or her,
distinctly setting forth in each a correct description of all
property, real and personal, held, possessed or controlled by him or her as executor, administrator, guardian, trustee, receiver,
agent, partner, attorney, president or accounting officer of a
corporation, consignee, broker, or in any representative or
fiduciary character; and he or she shall fix what he or she deems
the true and actual value thereof to each item of such property,
which valuation shall be subject to revision and change by the
assessor in like manner as property owned by such person in his
or her own right: Provided, however, That no person shall be
compelled to furnish the list mentioned in this section sooner
than the tenth day of July of the current year: Provided
further, That the list mentioned in this section shall be filed
by the taxpayer not later than the first day of October of the
current year.
The assessor shall perform such other duties while making
his or her assessment as may be required of him or her by law.
§11-3-2b. Deadlines for all lists and applications to be filed
with the assessor.
Notwithstanding any provision to the contrary, all lists or
returns required by article two of this chapter, whether filed by
individuals, businesses or trades by natural persons, or by
corporations; applications for farm use valuation; applications
for the homestead exemption as provided for in article six-b,
chapter three; and any other list or application required by law to be filed with the assessor shall be filed not later than the
first day of October of the current year.
The assessor may grant a reasonable extension to submit a
listing of property as required by section two of this article,
upon such terms and conditions as the assessor may reasonably set
forth.
§11-3-15. Assessment of capital used in trade or business by
natural persons.
The value of the capital used by any individual or firm not
incorporated, in any trade or business taxable by law, shall be
ascertained in the following manner: The owner, agent, or chief
accountant of every such trade or business, except the business
of agriculture, carried on in any county of the state, shall,
annually, between the first day of the assessment year and the
first day of November October of the current year, make a written
report as of the first day of the assessment year, to the
assessor, verified by his or her affidavit, showing the following
matters and things, viz: (a) The amount, the true and actual
value and classification of all tangible personal property used
in connection with such trade or business, otherwise than such as
is regularly kept for sale therein, including chattels real; (b)
the true and actual value and classification of all goods and
property kept for sale and remaining unsold; (c) the amount in value of all credits arising out of any such business and
remaining unpaid on that date, whether due or not, and whether in
or out of the state; (d) the amount and true and actual value of
all notes, bonds, bills, accounts receivable, stocks and other
intangible property made by such person or firm whether in or out
of the state, other than those hereinbefore specified; (e) the
location, quantity, the true and actual value and classification
of all real estate owned by such individuals or firm and used in
such trade or business. The assessor shall, upon the receipt of
such report, properly verified, if he or she is satisfied with
the correctness thereof, enter the real estate in the landbook of
the county in the tax district wherein the same is situated, and
assess the same with taxes, if not otherwise assessed, to the
owner thereof; the personal property mentioned in such report he
or she shall enter in the personal property book of his or her
county for assessment with taxes as follows, viz: Items (a) and
(b) shall be entered in the tax districts where they are for the
greater part of the year kept or located; and items (c), (d) and
(e) shall be entered under their appropriate headings, in the
municipality or tax district wherein the principal place of
business of such individual or firm is; and if the assessor is
not satisfied with the correctness of such report, he or she may
proceed to ascertain a correct list of the property on which such
individual or firm is liable to be assessed with taxes, and to value the same as in other cases. The person making such report
shall take and subscribe an oath in substantially the following
form:
I, __________________, do solemnly swear (or affirm) that
the foregoing list is true and correct to the best of my
knowledge; that the value affixed to the property therein listed
I believe to be the true and actual value thereof; that none of
the assets belonging to (here state the name of individual or
firm) and used in the business of (here describe the business)
have to my knowledge, since the first day of the assessment year,
been converted into nontaxable securities for the purpose of
evading the assessment of taxes thereon; so help me, God.
_____________________
The officer administering said oath shall append thereto the
following certificate, viz:
Subscribed and sworn to before me by (here insert affiant's
name) this ________ day of ______________, 19____.
_____________________
NOTE: The purpose of this bill is to provide for a uniform
filing deadline for all lists, returns and applications filed
with county assessors.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§11-3-2b is new; therefore, strike-throughs and underscoring
have been omitted.