H. B. 2581
(By Delegates Leach and Jenkins)
[Introduced February 21, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section six, article twenty-two,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the filing
of the sales listing form for the state tax commissioner and
providing that a sales listing form shall be completed and
tendered to the clerk of the county commission when any
document with or without stamps affixed is offered to such
clerk for recordation.
Be it enacted by the Legislature of West Virginia:
That section six, article twenty-two, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL
§11-22-6. Duties of clerk; declaration of consideration or
value; filing of sales listing form for tax commissioner;
disposition and use of proceeds.
When any instrument on which the tax as herein provided is
imposed is offered for recordation, the clerk of the county
commission shall ascertain and compute the amount of the tax due
thereon and shall ascertain if stamps in the proper amount are
attached thereto as a prerequisite to acceptance of the
instrument for recordation.
When offered for recording, each instrument subject to the
tax as herein provided shall have appended on the face or at the
end thereof, a statement or declaration signed by the grantor,
grantee or other responsible party familiar with the transaction
therein involved declaring the consideration paid for or the
value of the property thereby conveyed.
Such The declaration may
be in the following language:
"DECLARATION OF CONSIDERATION OR VALUE
I hereby declare:
(a) The total consideration paid for the property conveyed
by the document to which the declaration is appended is
(b) The true and actual value of the property transferred by
the document to which this declaration is appended is, to the
best of my knowledge and belief $________; or
(c) The proportion of all the property included in the document to which this declaration is appended which is real
property located in West Virginia is _______%; the value of all
the property $________; the value of real estate in West Virginia
is $________; or
(d) This deed conveys real estate located in more than one
county in West Virginia; the total consideration paid for, or
actual cash value of, all the real estate located in West
Virginia conveyed by this document is $________; and documentary
stamps showing payment of all of the excise tax on all of said
real estate are attached to an executed counterpart of this deed
recorded in _______________ County.
Given under my hand this ___ day of _____________, 19__.
Signed _____________________________ (Indicate whether
grantor, grantee, or other interest in conveyance).
Such The declaration shall be considered by the clerk in
ascertaining the correct number of stamps required, and if
declaration (d) above is used no stamps shall be required on the
duplicate deed to which it is attached and such duplicate deed
shall be admitted to record, and when recorded shall have the
same effect for all purposes as if stamps were attached thereto.
On or after the first day of July, one thousand nine hundred
eighty-three, the clerk shall not record any document with or
without stamps affixed unless there is tendered with the document a completed and verified sales listing form for the benefit and
use of the state tax commissioner. Preprinted forms for this
purpose shall be provided each clerk by the tax commissioner.
The forms shall require the following information: (1) If
the last deed in the chain of title represents the last transfer
of the property, the names of the grantor and grantee and the
deedbook and page number; or (2) if the last transfer was not
made by deed, the source of the grantor's title, if known; or (3)
if the source of the grantor's title is unknown, a description of
the property and the name of the person to whom real property
taxes are assessed as set forth in the landbook prepared by the
assessor. In all cases the forms shall require the tax map and
parcel number of the property, the district or municipality in
which the real property or the greater portion thereof lies, the
address of the property, the consideration or value in money,
including any other valuable goods or services, upon which the
buyer and seller agree to consummate the sale, and any other
financing arrangements affecting value. The sales listing form
required by this paragraph is to be completed in addition to, and
not in lieu of, the declaration required by this section:
Provided, That the tax commissioner may design and provide a form
which combines into one form the contents of the declaration and
the sales listing form required herein and recordation and filing
of that form may be used as an alternative to filing the sales listing form required herein: Provided, however, That the filing
with the clerk of a duplicate deed containing the sales listing
form information required by this section shall also satisfy the
requirements of this section regarding the sales listing form.
The clerk shall, at the end of the month, pay all of the proceeds
collected from the sale of stamps for the county excise tax into
the county general fund for use of the county.
On or before the tenth day of each month the clerk shall
deliver to the tax commissioner, or a person designated by the
tax commissioner, the sales listing forms or
alternative forms as may be authorized by this section for
documents recorded during the preceding month.
NOTE: The purpose of this bill is to require that a sales
listing form be completed when any document with or without
stamps affixed is submitted to the county clerk for recordation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.