West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-12D - Business Registration Certificate - Suspension For Failure To Pay Personal Property Taxes
Appendix B - Property Tax Returns and Reports; Listing of Property; Assessments; Exoneration; and Penalties

1.1. Persons engaged in business activity in this State are required to annually file certain reports with the county assessor. Public service businesses report operating property information to the Board of Public Works and report nonoperating property to county assessors.

1.1.1. Incorporated businesses. -- Except as provided in subdivision 1.1.2 or subdivision 1.1.5 of this subsection, each incorporated company, whether foreign or domestic, having its principal office or chief place of business in this State, is required to annually, between July 1st and October 1st, make a written report to the county assessor, as of the first day of July, verified by the oath of the president or chief accounting officer, to the assessor of the county in which its principal office or chief place of business is situated, or in which its property subject to taxation in this State is located, if the corporation does not have a principle office or chief place of business in this State. W. Va. Code § 11-3-12. This report includes, among other things, the kinds, quantities and fair market values of all of its tangible personal property in each tax district in which it is located on the first day of July.

1.1.2. Public service businesses. -- The operating property of a public service business is returned to the West Virginia Board of Public Works for assessment as provided in W. Va. Code § 11-6-1 et seq. Nonoperating property of a public service business is reported to the county assessor as provided in subdivision 3.1.1 or 3.1.3 of this section. "Public service business" includes railroads, telegraph and express companies, telephone companies, pipelines, car line companies and other public utilities.

1.1.3. Sole proprietors and other unincorporated businesses. -- Except as provided in subdivision 3.1.4 or 3.1.5 of this subsection, the owner, agent, or chief account of every sole proprietorship or unincorporated trade or business carried on in any county of this State is required to annually, between July 1st and November 1st, make a written report to the county assessor, as of the first day of July, showing the items required by W. Va. Code § 11-3-15, including, but not limited to, (a) the amount, fair market value and classification of all tangible personal property, including, but not limited to, chattels real, used in connection with the sole proprietorship or unincorporated trade or business and (b) the amount, fair market value and classification of all goods and property kept for sale and remaining unsold as of the first day of July. Items (a) and (b) are entered in the personal property book of the county, in the tax district, in which these items are kept or located for the greater part of year.

1.1.4. Unincorporated agricultural businesses. -- Individuals and unincorporated business engaged in the business of farming are not required to file the report required by W. Va. Code § 11-3-15. Incorporated agricultural businesses are required to file the report required by W. Va. Code § 11-3-12.

1.1.5. Special valuation methods.

1.1.5.1. A special method for appraising dealer vehicle inventory is provided in W. Va. Code § 11-6C-1 et seq. Returns of this specie of property are filed with the county assessor as provided in W. Va. Code § 11-6C-3.

1.1.5.2. A special method for valuing certain manufacturing production property is provided in W. Va. Code § 11-6E-1 et seq. Returns of this specie of property are filed with the county assessor in which the specific item of property is located on the first day of July of the assessment year. W. Va. Code § 11-6E-4.

1.1.5.3. A special method for valuing qualified capital additions to a manufacturing facility, including the real and personal property associated with the qualified capital addition to a qualified manufacturing facility, as defined in W. Va. Code § 11-6F-2(d), is returned to the county assessor of the county in which the manufacturing facility is located, W. Va. Code § 11-6F-4, and taxed as provided in W. Va. Code § 11-6F-3.

1.1.5.4. A special method for taxing interstate motor vehicles registered under the international proportional registration agreement is provided in W. Va. Code § 11-6G-1 et seq.

1.2. Listing and assessment of property.

1.2.1. General rule. -- Except as provided in subdivision 3.2.2 of this subsection, every person required by law to list personal property for ad valorem property taxation must list the tangible personal property in the tax district in which it is located on the first day of July of the assessment year. Chattels real are listed in the tax district wherein the land to which they relate is located. W. Va. Code § 11-5-4.

1.2.2. Exception. -- However, the capital (except real estate and chattels real) employed in any trade or business (other than agriculture) belonging to a company whether it is incorporated or not, or to an individual, is listed and assessed for taxation in the county and tax district in which the principal office for the transaction of the financial concerns pertaining to the trade or business is located in this state; or, if there is no such office, then in the county and tax district where the operations are carried on. W. Va. Code § 11-5-4.

1.2.3. Catchall. -- Goods and chattels and other tangible personal property not exempt from taxation which may not be assessed for taxation in the county and tax district where the property is located on the first day of July of the assessment year, but which have been removed from that location, are assessed in the tax district where they are on the first day of July of the assessment year. W. Va. Code § 11-5-4.

1.5. Exoneration. -- The assessment and payment of ad valorem property taxes on any item of property in any county of this State for any tax year exonerates the owner of the property from assessment and payment of taxes assessed on the same property in any other county of this State for that same property tax year. W. Va. Code § 11-5-4.

1.6. Forfeiture penalties.

1.6.1. Refusal to list property. -- Any person, firm or corporation whose duty it is by law to list any real estate or personal property for ad valorem property taxation that refuses to furnish a proper list of the property to the county assessor or Tax Commissioner, within the time required by law, or that refuses to list the property with the county assessor or the Tax Commissioner, within the time required by law, is, at the discretion of the county assessor or Tax Commissioner, subject to a forfeiture penalty of not less than $25 nor more than $100, unless good cause is shown for the refusal. Additionally, the person, firm or corporation is denied all remedy provided by law for correction of any assessment made by the county assessor or Board of Public Works. W. Va. Code § 11-3-10.

1.6.2. False statements. -- Any person, firm or corporation whose duty it is by law to list any real estate or personal property for ad valorem property taxation that refuses to answer any question of the county assessor or the Tax Commissioner, or answers falsely any question asked by the county assessor or the Tax Commissioner, or refuses to deliver any statement required by law, at the discretion of the county assessor or Tax Commissioner, is subject to a forfeiture penalty of not less than $25 nor more than $100, unless good cause is shown for the refusal. Additionally, the person, firm or corporation is denied all remedy provided by law for correction of any assessment made by the county assessor or Board of Public Works. W. Va. Code § 11-3-10.

1.6.3. Failure to file required return. -- Any person, firm or corporation required by law to make return of property for ad valorem taxation, whether the return is to be made to the county assessor, the Board of Public Works, the Tax Commissioner, or any other assessing officer or body, who fails to return a true list of all property which should be assessed in this State, in addition to all other penalties provided by law, shall forfeit one percent of the value of the property not yet returned and not otherwise taxed in this State. W. Va. Code § 11-3-10.

1.6.4. Separate offenses. -- Each failure to make a true return as required by law constitutes a separate offense, and a forfeiture applies to each of them, but all forfeitures, to which the same person, firm or corporation is liable, may not exceed five percent of the value of the property not returned. W. Va. Code § 11-3-10.