COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 53
(By Senators Yoder, Barnes, Hall and Unger)
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[Originating in the Committee on the Judiciary;
reported February 14, 2007.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-6B-8, relating to
authorizing any county commission to allow a resident
homeowner, sixty-five years of age or older, who demonstrates
that payment of property tax increases would cause financial
hardship to defer the payment of such property tax increases
to his or her residential property during his or her lifetime;
and time of payment of property taxes.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §11-6B-8, to read as
follows:
ARTICLE 6B. HOMESTEAD PROPERTY TAX EXEMPTION AND TAX DEFERMENT
ELECTION.
§11-6B-8. Deferment Election.
Any county commission may allow a homeowner residing in the
county who is sixty-five years of age or older and who has been a
resident of West Virginia for five or more years to petition the
county commission for deferral of payment of property tax increases
upon the homeowner's residence upon presenting proof as required by
the county commission that payment of any increases would create a
financial hardship on the owner or cause the sale of the property
at a delinquent tax sale due to inability to pay the increases to
the tax. If the county commission defers payment of the tax
increases, the deferment shall be for the remainder of the
taxpayer's life or until title to the property is transferred.
Upon the death of the homeowner or his or her spouse, whichever is
later, the deferred taxes shall be recaptured, without interest.
NOTE: The purpose of this bill is to authorize any county
commission to allow resident homeowners, sixty-five years old or
older, to defer the payment of property tax increases to their
residential property during their lifetime.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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