West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-03 - Exemption Of property from ad valorem property taxation
Section 110-3-5 - Ruling By The County Assessor

Universal Citation: 110 WV Code of State Rules 110-3-5

Current through Register Vol. XLI, No. 38, September 20, 2024

5.1. All property, real or personal, exempt or nonexempt must be returned to the assessor and annually assessed. W. Va. Code '11-3-1 and '11-3-2.

5.2. The assessor shall begin the work of assessment on July 1 of each year and by the following January 31 shall complete such work and complete entering all information in the land and personal property books.

5.2.1. The assessor shall obtain from each person in the county who is liable to assessment a full and correct listing of the description of all personal property of which he was the owner or the person in possession on July 1 of the current year. The listing shall include what the taxpayer deems to be the true and correct value of each item of personal property.

5.2.2. The assessor shall also obtain from each person a separate but equally complete listing of all property, real and personal, which is held, possessed or controlled by him as executor, administrator, guardian, trustee, receiver, agent, partner, attorney, president or accounting officer of a corporation, consignee, broker, or in any representative or fiduciary character.

5.3. The list required by the foregoing section 5.2 and by W. Va. Code '11-3-2 shall be made and information furnished by the following:

5.3.1. With respect to property of a minor, by his guardian, if he has one, and if he has none, by his father, if living, or, if not, by his mother, if living, and if neither be living or a resident of this State, by the person having charge of the property;

5.3.2. With respect to the separate property of a married woman, by herself or her husband in her name;

5.3.3. With respect to the property of a husband, who is out of the State or incapable of listing such property, by his wife;

5.3.4. With respect to the property held in trust, by the trustee, if in possession thereof, otherwise by the party for whose benefit it is held;

5.3.5. With respect to personal property of a deceased person, by the personal representative;

5.3.6. With respect to the property of an insane person, or a person sentenced to confinement in the penitentiary, by his committee;

5.3.7. With respect to the property of a company, whether incorporated or not, whose assets are in the hands of an agent, factor or receiver, by such agent, factor or receiver, otherwise by the president or property accounting officer, partner or agent within the State;

5.3.8. With respect to credits or investments, in the possession or under the charge of a receiver or commissioner, by such receiver or commissioner; and,

5.3.9. With respect to shares in a banking institution or national banking association, by the cashier, secretary or principal accounting officer of such banking institution or national banking association.

5.4. All real property, even if exempt, shall be entered upon the assessor's books, together with the true and actual value thereof, but no taxes shall be levied upon such exempt real property or extended upon the assessor's books. Failure to enter real property on the land books may result in forfeiture of such property. W. Va. Const. Art. XIII, '6.

5.5. The assessor shall complete his assessment and make up his official copy of the land and property books in time to submit the same to the Board of Equalization and Review not later than February 1 of the assessment year.

5.6. Any issue relating to the description or value of real or personal property shall be determined by the county commission sitting as a Board of Equalization and Review. W. Va. Code '11-3-24.

5.7. Any time after property has been returned for taxation and up to and including the time the property books are before the county commission for equalization and review, and if a taxpayer disagrees with the classification of property assessed to him, or believes that the property is exempt or not otherwise subject to taxation, he shall file his objections, in writing, with the assessor. W. Va. Code '11-3-24a.

5.8. If the assessor sustains the taxpayer's objections, he must make the necessary corrections in the property books. W. Va. Code '11-3-24a.

5.9. If the assessor does not agree with the taxpayer's objections he must state his reasons for doing so to the taxpayer. If the taxpayer requests, the assessor must put his reasons in writing and furnish them to the taxpayer. W. Va. Code '11-3-24a.

5.10. The assessor may certify the question to the Tax Commissioner. If the taxpayer requests, the assessor must certify the question to the State Tax Commissioner. W. Va. Code '11-3-24a.

5.11. If the Tax Commissioner disagrees with the decision of the assessor as to the assessment of any property on the property books, the Tax Commissioner may appear before the county commission and contest the decision.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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