Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Evidence of Payment. -- The payment of
the tax imposed upon the privilege of transferring title to real estate shall
be evidenced by the affixing of the documentary stamp, or stamps, to every
document by the person executing, delivering, or presenting for recording such
document.
4.2. Affixing Stamps. --
Each stamp shall be affixed in such a manner that its removal will require the
continued application of steam or water.
4.3. Cancellation of Stamps.
4.3.1. The person using or affixing such
stamps shall write or stamp, or cause to be written or stamped thereon, the
initials of his name and the date upon which stamps were affixed or used so
that stamps may not again be used.
4.3.2. In the event the person presenting the
document for recording has failed to cancel the stamps affixed thereto, the
county clerk must then cancel the stamps by writing the date on the face of
each stamp.
4.3.3. Where recorded
documents are not microfilmed or otherwise photographically reproduced for
recordation, the clerk shall write or stamp on the recorded copy of each such
document the amount of tax stamps which were affixed thereto and the date of
cancellation of such stamps.
4.4. Availability. -- Stamps shall be offered
for sale by the clerks of the various county courts. The stamps must be
purchased from the county clerk and the tax collected in the county where the
document is first admitted to record. Such stamps to be furnished to the county
clerk by the State Tax Commissioner.
4.5. Denominations and Description.
4.5.1. Documentary adhesive stamps, as
prepared and furnished the county clerks by the Commissioner, are 1-1/8 x 1-1/4
inches with roulette perforations, slightly larger than a standard U.S. postage
stamp. The top center bears a facsimile of the obverse side of the West
Virginia State Seal. Immediately under the seal is imprinted "Property Transfer
Tax"; and immediately under the caption are the words "state and county"; and
immediately under this caption is the denomination of the stamp printed in the
same color ink as the stamp; immediately under the denomination is the serial
number for each individual stamp with the letter prefix indicating the
denomination. Just above and to the right of the "y" in the word "Property", is
the symbol for copyright and "W. Va.".
4.5.2. Stamps are issued by the Commissioner
to the county clerks in sheets of 50 (fifty) stamps. The "A" series are gray in
color and one dollar and sixty-five cents $1.65 denomination; the "B" series
are red in color and four dollars and ninety-five cent ($4.95) denomination;
the "C" series are blue in color and thirteen dollars and twenty cent ($13.20)
denomination; the "D" series are green in color and twenty-one dollar and
forty-five cent ($21.45) denomination; the "E" series are purple in color and
fifty-one dollars and fifteen cents ($51.15) denomination; the "F" series are
brown in color and ninety-four dollars and five cents ($94.05) denomination. An
additional denomination, series "H" will be issued in quantities of less than
sheets fifty (50) stamps to be used on property transfers with a value of
ninety-nine thousand five hundred dollars and one cent ($99.500.1) to one
hundred thousand dollars ($100,000); the "H" series are olive green in color
and three hundred thirty dollars ($330) denomination.
4.6. Issuance and Receipt. -- Upon request by
the county clerk, stamps are issued by the Commissioner, accompanied with two,
of three, typewritten copies of the following receipt. One copy is for the
records of the county clerk and one copy for signature of acknowledgement of
the clerk and returned to the Commissioner. The Commissioner sends the third
copy to the Office of the Chief Inspector for future audit.
