West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-22 - Property Transfer Tax
Section 110-22-3 - Taxation Rate
Universal Citation: 110 WV Code of State Rules 110-22-3
Current through Register Vol. XLI, No. 38, September 20, 2024
3.1. A state excise tax is levied and imposed on and after midnight of June 30, 1959, upon the privilege of transferring title to real estate by every person who delivers, accepts, or presents for recording, any document referred to in Section 2 of these regulations, or in whose behalf any document is delivered, accepted, or presented for recording.
3.1.1.
The rate of tax is one dollar and ten cents ($1.10) for each five hundred
dollars ($500) value or fraction thereof as represented by such document as
stated in the declaration of value appended thereto, which is a state tax. In
addition, by an Act of the 1967 Regular Session of the West Virginia
Legislature, on and after January 1, 1968, and additional county excise tax for
the privilege of transferring title to real estate is imposed at the rate of
fifty-five cents (.55) for each five hundred dollars ($500) or fraction thereof
as represented by such document, for a total tax of one dollar and sixty-five
cents ($1.65), which shall be payable by the grantor unless the grantee accepts
the same without the tax having been paid, in which case the tax shall be paid
by grantee at the time of delivery or presenting for recording of such
document.
3.1.2. On and after July
1, 1989, the county excise tax of fifty-five cents (55) for each five hundred
dollars ($500) of value, or fraction thereof, may be increased to an amount
equal to the State excise tax of one dollar and ten cents ($1.10) for each five
hundred dollars ($500) of value, or fraction thereof: Provided, that on and
after July 1, 2017, the county may increase the excise tax to an amount not to
exceed one dollar and sixty-five cents for each five hundred dollars' value, or
fraction thereof: Provided, however, That such county excise tax may only be
either fifty-five cents (55) or one dollar and ten cents ($1.10) or one dollar
and sixty-five cents ($1.65) for each five hundred dollars ($500) of value, or
fraction thereof. No such increase in the county excise tax may occur unless
approved by a majority vote of the members of the county commission: Provided,
That no vote may occur unless the county commission published a notice of its
intention to increase such tax, and the proposed effective date of such
increase, at least sixty (60) days prior to the meeting where the matter will
be considered, the notice was published as a Class I legal advertisement in
accordance with W. Va. Code §
59-3-1 et seq., and the
publication area is the county in which the county commission is
located.
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