Current through Register Vol. XLI, No. 38, September 20, 2024
3.1.
Responsibilities Of The Assessor. -- It is the duty of the several county
assessors, sheriffs, county commissions, and Tax Commissioner, to expend the
maximum efforts to assist in ascertaining the true and actual value of all
nonutility personal property as of the base year of 1983.
3.1.1. It also is their individual and
collective duty to see to proper and fair valuation of property within their
respective counties in order to accomplish the objective of equal and uniform
valuation for property tax purposes.
3.1.2. It is the responsibility and duty of
each county assessor to see to the proper and accurate valuation of all
nonutility personal property appraised pursuant to West Virginia Code '11-1A-1
et seq.
3.2. Personal
Property Review Guidelines. -- The State Tax Commissioner shall provide
assessors with a list of all nonutility personal property. The assessor shall
review this list and the appraised values therein and make such adjustments as
will render the appraisal equal and uniform.
3.2.1. In order to make appropriate
determinations so as to ensure an equal and uniform appraisal, the assessor
should consider all available information to include but not be limited to the
following items:
3.2.1.a. Properly completed
personal property returns filed by business property owners containing
information with respect to items of personal property and value as of each
July 1 assessment day, inclusive of July 1, 1983, preceding and succeeding
years. These returns will provide comparative information as returns by the
property owner relative to the true and actual value of the property as of each
assessment day.
3.2.1.b. Tax
Department appraisals indicating the opinion of the Tax Department concerning
the true and actual value of personal property as of a particular day. Since
appraisals available from the Tax Department may vary with regard to the year
upon which estimate of value is based, assessors should be mindful that the
objective of their statutory responsibility involves the determination of value
as of 1983.
3.2.1.c. Appraisal
performed by the assessor's office indicating the true and actual value of
personal property as of the date of appraisal.
3.2.1.d. Information involving estimates of
value in addition to property returns, supplied by property owners. This
information may consist of sale prices of individual properties or book values
as indicated on the books and records of the business being
appraised.
3.2.1.e. Any financial
statements made available by the business that would tend to indicate the value
attributable to nonutility personal property assets of the business.
3.2.1.f. Information obtained with respect to
the nonutility personal property of a business as a result of a canvass
conducted by the assessor's office through routine assessment
activities.
3.2.1.g. Information
contained on the personal property books of the county indicating the assessed
value of personal property. Care must be taken to insure that the assessed
value contained on the property books is converted to an estimate of market
value for ensuring a fair comparison.
3.2.2. In addition to the foregoing sources
of value information, assessors are encouraged to communicate with each other
concerning information which may relate to similar items located in and
assessed throughout the several counties of the State. Assessors may further
accept and solicit information with respect to value from other county offices
and any other source where information relevant to determining the 1983 market
value of property for appraisal purposes may reside.
3.2.3. Initial Appraisals. -- Assessors
judgment shall be weighed against the appraised value provided previously
evidencing the initial appraised value of the statewide reappraisal. Changes in
value based upon the assessor judgment will be made to the initial appraisal.
In instances where no change is made by the assessor to an appraisal previously
supplied evidencing a 1983 market value estimate, it will be presumed that the
initial appraisal as provided is correct for purposes of the statewide
reappraisal and will be used for determining property values for the first year
of the statewide reappraisal, absent any change in circumstances involving the
property subsequent to the base year affecting the value.
3.2.4. Field Canvass. -- To the extent that
resources permit, assessors are encourage to canvass those business personal
property accounts located in their county where information available is, in
the judgment of the assessor, insufficient to form an opinion concerning the
1983 market value for appraisal purposes. A detailed inventory of the personal
property should be obtained from the property owner.
Posting Of New Values. -- The assessor shall post any change
in the value of any item of personal property to the county personal property
appraisal list previously supplied by the Tax Commissioner.
3.3.1. The assessor shall proceed with all
deliberate speed in the task of reviewing personal property values. In those
instances where the assessor believes that the value contained in the initial
appraisal is incorrect when compared to the estimate of value derived through
the assesses efforts, the assessor shall provide or cause to be provided a
notice of new appraised value of personal property identification number, the
tax class, the owner's name, the old appraised value and the new appraised
value. This notice should further advise the property owner of the appeal
rights provided in accordance with W. Va. Code '11-1B-1
et seq., and shall allow sufficient opportunity to determine whether appeal to
the county commission is appropriate.
3.3.2. The assessor shall make every effort
to provide such notice to the current property owner by August 15, 1986, in
order that the property owner may file a petition for review of valuation with
the county commission on or before September 2, 1986. If the notice is received
by the property owner on or after August 20, 1986, the property owner shall be
provided from the date of such late notice a two (2) week time period within
which to file a petition for review; provided, however, that in no event may
such petition for for review be filed after September 15, 1986. If subsequent
to September 2, 1986 or in the event of a late notice the running of the two
(2) week time period, the property owner discovers new information which will
affect the property valuation, he may file a petition for review in accordance
with the requirements and procedures provided in W. Va. Code '11-1B-15.
3.3.3. Defense Of Value. -- The assessor
shall be available to provide information with respect to the value of personal
property subject to administration appraisal review board activities when
requested by the State Tax Commissioner, the property owner, the county
commission, or other interested parties. The assessor may further provide
assistance and information to the county commission with respect to any value
resulting from the statewide personal property reappraisal, including those
estimates of value of nonutility personal property provided by the
assessor.
3.3.4. Notice Of Change
Listing. -- The assessor shall prepare a list of personal property appraisal
changes resulting from the required notice. This list shall indicate the owner,
property identification number, and old and new appraised value. The assessor
shall supply this list to the Tax Commissioner no later than October 1,
1986.