Senate Bill No. 261
(By Senators Minard and Sharpe)
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[Introduced January 22, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §11-3-5 of the code of West Virginia,
1931, as amended, relating to allowing a supplemental
assessment on personal property when personal property has
been omitted from the recordbooks.
Be it enacted by the Legislature of West Virginia:
That §11-3-5 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-5. Correction of previous property books; entry of omitted
property.
The assessor in making out the land and personal property
books, shall correct any and every mistake he or she shall discover
in the books for any previous year.
When the assessor shall ascertain that any real or personal
property in his or her county liable to taxation, other than that
mentioned in the next succeeding paragraph, has been omitted from
the land or personal property books for a period of less than five years, he or she shall make an entry thereof in the proper book of
the year in which such omission was discovered, and assess the same
according to the rule prescribed in section one of this article,
and shall charge the same with all taxes chargeable against it at
the rate of levy for the year or years the same was omitted,
together with interest thereon at the rate of six percent per annum
for the years the same was omitted from the books: Provided, That
if the taxpayer requires proof of payment of personal property
taxes pursuant to section three-a, article three, chapter
seventeen-a of this code, then the taxpayer may file a listing of
all personal property owned on the assessment date preceding the
tax year or years for which proof must be shown to the assessor.
The assessor shall then create a supplemental assessment for the
year or years required for proof of payment of all personal
property provided on the listing and present the supplemental
assessment to the sheriff who shall apply the levy rate or rates
for the year or years so assessed and prepare a tax bill and
collect the taxes together with interest thereon at the rate of six
percent per annum for the years the same was omitted from the books
and any penalties included thereon.
And when the assessor shall ascertain that any notes, bonds,
bills and accounts receivable, stocks and other intangible personal
property in his or her county liable to taxation has been omitted
from the personal property books for a period of five years or less
after the December thirty-first day of December, one thousand nine
hundred thirty-two, he or she shall make entry thereof in the personal property book of the year in which such omission was
discovered, and assess the same at its true and actual value
according to the rule prescribed in section one of this article,
and shall charge the same with all taxes chargeable against it
after the year last aforesaid at the rate of levy for the year or
years the same was omitted after the year aforesaid, together with
interest thereon at the rate of six percent per annum for the years
the same was omitted from the books.
Any assessor failing to make such entry as in this section
provided, when discovered by him or her, or called to his or her
attention by any taxpayer interested therein, shall forfeit one
hundred dollars.
NOTE: The purpose of this bill is to allow the assessor to
create a supplemental assessment on personal property that was
omitted from the record books.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.