H. B. 2487
(By Delegates DeLong, Martin, Butcher,
Hrutkay, R. Thompson and Paxton)
[Introduced
January 11, 2006
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §11-5-1 of the Code of West Virginia,
1931, as amended, relating to exempting one motor vehicle
owned by a resident of this state on active duty in the United
States Military from ad valorem taxes for any taxable year the
person is in the military.
Be it enacted by the Legislature of West Virginia:
That §11-5-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-1. What personal property taxable.
All personal property belonging to persons residing in this
state, whether such property be in or out of the state, and all
personal property in the state, though owned by persons residing
out of the state, shall be entered in the personal property book,
and be subject to equal and uniform taxation, except as classified
in section four, article eight of this chapter, unless especially exempted by law; but personal property of all classes, except as
hereinbefore provided, belonging to the residents of this state,
which is actually and permanently located in another state, and by
the laws of such other state is subject to taxation and is actually
taxed in such other state, shall not be entered on the personal
property book, or be taxed in this state:
Provided, That one motor
vehicle, located in this state while the owner or part owner is a
resident of this state and is serving on active duty in the
Military Services of the United States and is stationed outside the
State of West Virginia on the first day of July of any assessment
year, is exempt from the ad valorem property taxes for that tax
year. But the shares of capital stock owned by residents of this
state in corporations actually located in other states, and whose
property is taxed by the laws of such other state, shall not be
required to be listed for taxation. Any person who at any time
before the assessment year transfers by loan, deposit or gift, any
notes, bonds, bills and accounts receivable, stocks and other
intangible personal property, which are subject to taxation to
anyone, who does not return a list of taxation as of the day on
which the assessment year commences including such property,
transfers, loans, deposits or gifts, if made with intention of
evading taxation, shall be deemed and treated as illegal and
fraudulent and the assessor shall assess such property for taxation
to the party who makes such transfers, loans, deposits or gifts as aforesaid.
NOTE: The purpose of this bill is to exempt one motor vehicle
owned by a resident of this state on active duty in the United
States Military from ad valorem taxes for any taxable year the
person is in the military.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.