WVC 11 -
CHAPTER 11. TAXATION.
WVC 11 - 6 J-
ARTICLE 6J. SPECIAL METHOD FOR VALUATION OF CERTAIN
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§11-6J-1. Short title.
This article shall be known and cited as the High-Technology
Business Property Valuation Act.
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For the purposes of this article:
(1) "Network" means a group of two or more computer systems
(2) "Salvage value" means five percent of original cost; and
(3) "Server" means a computer or device on a network that
manages network resources.
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§11-6J-3. Valuation of certain specialized high-technology
Notwithstanding any other provision of this code to the
contrary, the value of servers directly used in a high-technology
business or in an internet advertising business, as defined in
section nine-h, article fifteen of this chapter, and the value of
tangible personal property directly used in a high-technology
business or in an internet advertising business, as defined in said
section, for the purpose of ad valorem property taxation under this
chapter and under article X of the constitution of this state,
shall be its salvage value.
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§11-6J-4. Initial determination by county assessor.
The assessor of the county in which a server or specific item
of tangible personal property is located shall determine, in
writing, whether that server or specific item of tangible personal
property is directly used in a high-technology business or an
internet advertising business subject to valuation in accordance
with this article. Upon making a determination that a taxpayer has
a server or tangible personal property directly used in a
high-technology business or an internet advertising business, the
county assessor shall notify the Tax Commissioner of that
determination and shall provide information to the Tax Commissioner
as he or she requires relating to that determination.
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§11-6J-5. Protest and appeal.
At any time after the property is returned for taxation, but
prior to January 1 of the assessment year, any taxpayer may apply
to the county assessor for information regarding the issue of
whether any particular item or items of property constitute
property directly used in a high-technology business or an internet
advertising business under this article which should be subject to
valuation in accordance with this article. If the taxpayer
believes that some portion of the taxpayer's property is subject to
this article, the taxpayer shall file objections in writing with
the county assessor. The county assessor shall decide the matter
by either sustaining the protest and making proper corrections, or
by stating, in writing if requested, the reasons for the county
assessor's refusal. The county assessor may, and if the taxpayer
requests, the county assessor shall, before January 1 of the
assessment year, certify the question to the Tax Commissioner in a
statement sworn to by both parties, or if the parties are unable to
agree, in separate sworn statements. The sworn statement or
statements shall contain a full description of the property and any
other information which the Tax Commissioner may require.
The Tax Commissioner shall, as soon as possible on receipt of
the question, but in no case later than February 28 of the
assessment year, instruct the county assessor as to how the
property shall be treated. The instructions issued and forwarded
by mail to the county assessor are binding upon the county assessor, but either the county assessor or the taxpayer may apply
to the circuit court of the county for review of the question of
the applicability of this article to the property in the same
fashion as is provided for appeals from the county commission in
section twenty-five, article three of this chapter. The Tax
Commissioner shall prescribe forms on which the questions under
this section shall be certified and the Tax Commissioner has the
authority to pursue any inquiry and procure any information
necessary for disposition of the matter.
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§11-6J-6. Effective date.
This article shall be effective on and after July 1, 2009.
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§11-6J-7. Report on economic benefit.
The West Virginia Development Office shall provide to the
Joint Committee on Government and Finance by March 1, 2013, and on
March 1 of each of the two subsequent years, a report detailing the
economic benefit of the valuation method specified in this article.
The report shall include the number of new jobs created due to the
provisions of this article and the ad valorem property tax impact.
Note: WV Code updated with legislation passed through the 2012 1st Special Session