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Introduced Version House Bill 2581 History

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Key: Green = existing Code. Red = new code to be enacted
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

PROPERTY.

§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 $________; or
(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). ____________________________________ Address"
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 such other 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.
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