COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 261
(By Senators Minard and Sharpe)
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[Originating in the Committee on the Judiciary;
reported February 10, 2004.]
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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 all personal property when personal property has
been omitted from the record books.
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 shall file a listing of
all personal property owned on the assessment date preceding the
tax year or years for which proof must be shown. The assessor shall
then create a supplemental assessment for the year or years
required for proof of payment for all personal property taxes
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.
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(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.)
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