Introduced Version
House Bill 3140 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3140
(By Delegate E. Nelson (By Request))
(By Request)
[Introduced
March 25, 2013
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-4-8a, relating to
change in assessment, classification and tax of real property
classified as Class III or IV transferred to persons to be
used and occupied by the owner thereof exclusively for
residential purpose
s
; providing a procedure to revise the
assessment, classification and taxation of the property to be
effective at the time of transfer, for the tax year in which
the property was transferred.
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 §11-4-8a, to read as
follows:
ARTICLE 4. ASSESSMENT OF REAL PROPERTY.
§11-4-8a. Revised assessment, classification and taxation of transferred Class III or IV property that will be
used and occupied by the owner thereof exclusively
for residential purpose.
__________(a) Notwithstanding any provision of this code to the
contrary, beginning January 1, 2014, upon the presentment to the
A
ssessor of information that real property that is classified as
Class III or Class IV has been transferred and will be used and
occupied by the new owner thereof exclusively for residential
purpose, the assessor shall list, reclassify and revise the
assessment of the transferred property as Class II property. The
assessor shall also apportion the assessment and the taxes owed on
the property between the former owner and the new owner for the
purposes of taxation in the tax year in which the property is
transferred so that the new owner will be responsible for the
payment of taxes on the property as Class II property for the
remaining portion of the tax year in which it is transferred, used
and occupied by the owner thereof exclusively for residential
purposes. The
A
ssessor shall file notice of the transfer, revised
assessment and classification with the county commission. Upon
receipt of the notice, the county commission shall order that the
taxes on the property be assessed and taxed in accordance with the
revised assessment and classification set forth in the notice for
the remainder of the tax year in which it was transferred. The
clerk of the county commission shall certify a copy of the order to the sheriff. Upon receipt of the order, the sheriff shall issue to
the transferee a statement of taxes due in the amount of tax
attributable to the new owner determined in the county commission's
order. The tax which accrued on the property from January l to the
date of the transfer of the property in the year in which the
property was transferred shall remain due and payable as determined
prior to the transfer.
__________(b) The following information regarding the transfer of
property is adequate to provide the
A
ssessor sufficient information
to provide a reassessment and reclassification of property pursuant
to this section:
__________(1) A sworn statement by the transferee in writing on the deed
or other document transferring the title to the property that the
property will be used and occupied by the owner thereof exclusively
for residential purpose; or
__________(2) An affidavit by the transferee identifying the property
transferred and a statement by the transferee that the property
will be used and occupied by the owner thereof exclusively for
residential purpose.
NOTE: The purpose of this bill is to provide a procedure for
the reassessment and classification of Class III or IV real
property transferred to persons to be used and occupied by the
owner thereof exclusively for residential purpose, to be effective
at the time of transfer, for the tax year in which the property was
transferred.
This section is new; therefore, it has been completely
underscored.