WEST
virginia legislature
2019 regular session
Introduced
Senate Bill 244
By Senator Weld
[Introduced
January 10, 2019; Referred
to the Committee on Judiciary; and then to the Committee on Finance]
A BILL to amend and reenact §11-22-1 of the Code of West Virginia, 1931, as amended, relating to definitions in excise tax on privilege of transferring real property.
Be it enacted by the Legislature of West Virginia:
ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL PROPERTY.
§11-22-1. Definitions.
As used in this chapter:
(1) “Association” means a partnership, limited partnership or any other form of unincorporated enterprise, owned or conducted by two or more persons.
(2) “Corporation” means a corporation or joint-stock association, organized under the laws of this state, the United States or any other state, territory or foreign country or dependency including, but not limited to, banking institutions.
(3) “Commissioner” means the State Tax Commissioner.
(4) “Document”
means any deed, or instrument or writing by which any real property within this
state or any interest in real property including mineral interest or right
to extract any mineral interest is granted, conveyed or otherwise
transferred to the grantee, purchaser or any other person; but does not include
wills, testamentary or inter vivos trusts, deeds of partition, deeds made
pursuant to mergers of corporations, limited liability companies, partnerships,
limited partnerships, testamentary or inter vivos trusts, deeds made pursuant
to conversions to limited liability companies from corporations, partnerships,
limited partnerships or trusts, deeds made by a subsidiary corporation to its
parent corporation for no consideration other than the cancellation or
surrender of the subsidiary's stock, leases, that do not permit the
extraction of minerals, transfers between husband and wife, transfers
between parent and child or transfers between parent and child and his or her
spouse, without consideration, transfers between grandparent and grandchild or
transfers between grandparent and grandchild and his or her spouse, without
consideration, transfers without consideration between a principal and straw party
for any purpose, gifts to or transfers from or between voluntary charitable or
educational associations or trustees of voluntary charitable or educational
associations and like nonprofit corporations having the same or similar
purposes without consideration, quitclaim or corrective deeds
without consideration, transfers to or from the United States, the State of
West Virginia, or to or from any of their instrumentalities, agencies or
political subdivisions, by gift, dedication, deed or condemnation proceedings
or mortgages or deeds of trust given as security for a debt.
(5) “Limited liability company” means a limited liability company organized under the laws of this state, the United States or by any other state, territory or the District of Columbia.
(6) “Person” means every natural person, association or corporation. Whenever used in any clause prescribing and imposing a fine or imprisonment, or both, the term “person” as applied to associations, means the partners or members of the association, and, as applied to corporations, the officers of the corporation.
(7) “Transaction” means the delivering, accepting or presenting for recording of a document.
(8) “Value”
means in the case of any document not exempted in subparagraph (4) hereinabove
a gift, the amount of the full actual consideration for the document, paid
or to be paid, including the amount of any lien or liens assumed; and in
the case of a gift, or any other document without consideration, the
actual monetary value of the property conveyed or transferred. In the event any
document includes real property or any interest in real property lying outside
the State of West Virginia or includes personal property, value is the
proportion of the consideration paid in case of the transfer for consideration,
or the proportion of the true and actual value in case of a gift, which the
actual value of the real property located in West Virginia bears to the total
actual value of all the property, real or personal, transferred by the
document. The value as defined in this subdivision shall be stated in the
declaration of consideration or value provided for in section six of this
article.
NOTE: The purpose of this bill is to amend definitions relating to excise tax.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.