H. B. 4708
(By Delegates Kominar, Browning,
H. White and Stalnaker)
[Introduced February 22, 2006; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-15-4c; and to
amend and reenact §11-22-2 of said code, all relating to the
West Virginia Affordable Housing Trust Fund generally;
imposing a fee of twenty dollars on the transfer of real
property in addition to the excise tax imposed on property
transfers; imposing a fee of twenty dollars in addition to the
consumers sales tax on the sale of factory-built homes;
dedicating the revenue from the additional fees to the West
Virginia Affordable Housing Trust Fund; and authorizing
expenditures for administrative and operating expenses.
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 §11-15-4c; and that
§11-22-2 of said code be amended and reenacted, all to read as
follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-4c. Collection of fee
in addition to the consumer sales
tax for sales of mobile factory-built homes; deposit
of additional fee in West Virginia Affordable
Housing Trust Fund.
(a) There is imposed, in addition to the sales tax imposed by
the provisions of this article and article fifteen-b of this
chapter, a fee of twenty dollars on all sales of factory-built
homes as that term is defined in section two, article fifteen,
chapter thirty-seven of this code to be collected as provided in
article fifteen-b of this chapter and remitted to the Tax
Commissioner to be deposited by the commissioner in the West
Virginia Affordable Housing Trust Fund, as provided in article
eighteen-d, chapter thirty-one of this code.
(b) The moneys collected from this additional fee shall be
segregated from other funds in the West Virginia Affordable Housing
Trust Fund and shall be accounted for separately. Not more than
ten percent of these additional moneys may be exempted from the
West Virginia Affordable Housing Trust Fund to defray
administrative and operating costs and expenses actually incurred
by the West Virginia Affordable Housing Trust Fund.
ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL
PROPERTY.
§11-22-2. Rate of tax; when and by whom payable; additional county tax.
(a) Every person who delivers, accepts or presents for
recording any document, or in whose behalf any document is
delivered, accepted or presented for recording, shall be is subject
to pay for and in respect to the transaction or any part thereof,
a state excise tax upon the privilege of transferring title to real
estate at the rate of one dollar and ten cents for each five
hundred dollars' value or fraction thereof as represented by such
the document as defined in section one hereof, which of this
article. The state tax shall be is payable at the time of
delivery, acceptance or presenting for recording of such the
document. In addition to the state excise tax described in this
subsection, there is assessed a fee of twenty dollars upon the
privilege of transferring real estate. The clerk of the county
commission shall collect the additional twenty dollar fee before
recording a transfer of title to real estate and shall deposit the
moneys from the additional fees into the West Virginia Affordable
Housing Trust Fund as provided in article eighteen-d, chapter
thirty-one of this code. The moneys collected from this additional
fee shall be segregated from other funds in the West Virginia
Affordable Housing Trust Fund and shall be accounted for
separately. Not more than ten percent of these additional moneys
may be expended by the West Virginia Affordable Housing Trust Fund
to defray administrative and operating costs and expenses actually incurred by the West Virginia Affordable Housing Trust Fund.
(b) Effective the first day of January, first, one thousand
nine hundred sixty-eight and thereafter, there is hereby imposed an
additional county excise tax for the privilege of transferring
title to real estate at the rate of fifty-five cents for each five
hundred dollars' value or fraction thereof as represented by such
document as defined in section one hereof of this article, which
county tax shall be payable at the time of delivery, acceptance or
presenting for recording of such document: Provided, That after
the first day of July, one thousand nine hundred eighty-nine, the
county may increase said excise tax to an amount equal to the state
excise tax. The additional tax hereby imposed is declared to be a
county tax and to be used for county purposes: Provided, however,
That only one such state tax and one such county tax shall be paid
on any one document and shall be collected in the county where the
document is first admitted to record, and the same tax shall be
paid by the grantor therein unless the grantee accepts the same
document without such tax having been paid, in which event such tax
shall be paid by the grantee: Provided further, That on any
transfer of real property from a trustee or a county clerk
transferring real estate sold for taxes, such tax shall be paid by
the grantee.
The county excise tax imposed under this section may not be
increased in any county unless the increase is approved by a majority vote of the members of the county commission of such
county. Any county commission intending to increase the excise tax
imposed in its county shall publish a notice of its intention to
increase such tax not less than thirty days nor more than sixty
days prior to the meeting at which such increase will be
considered, such notice to be published as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, and the publication area shall be
the county in which such county commission is located.
NOTE: The purpose of this bill is to provide funding for the
West Virginia Affordable Housing Trust Fund by imposing a transfer
fee of twenty dollars on transfer of all real property and
factory-built homes and dedicating such transfer fees to the trust
fund.
§11-15-4c is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.