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

Current through Register Vol. XLI, No. 28, July 12, 2024
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.