H. B. 4283
(By Delegates Butcher, Eldridge, Stowers,
Rodighiero)
[Introduced February 2, 2010; referred to the
Committee on Finance.]
A BILL to amend and reenact §11-5-1 of the Code of West Virginia,
1931, as amended, relating to exempting recreational vehicles
owned by a resident of this state who is seventy years of age
or older from ad valorem taxes.
Be it enacted by the Legislature of West Virginia:
That §11-5-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.
§11-5-1. What personal property taxable.
All personal property belonging to persons residing in this
state, whether such property be in or out of the state, and all
personal property in the state, though owned by persons residing
out of the state, shall be entered in the personal property book,
and be subject to equal and uniform taxation, except as classified
in section four, article eight of this chapter, unless especially
exempted by law; but personal property of all classes, except as hereinbefore provided, belonging to the residents of this state,
which is actually and permanently located in another state, and by
the laws of such other state is subject to taxation and is actually
taxed in such other state, shall not be entered on the personal
property book, or be taxed in this state:
Provided, That
recreational vehicles owned by a resident of this state who is
seventy years of age or older
and which are located in this state
on July 1 the first day of July of any assessment year, are exempt
from the ad valorem property taxes for that tax year. But the
shares of capital stock owned by residents of this state in
corporations actually located in other states, and whose property
is taxed by the laws of such other state, shall not be required to
be listed for taxation. Any person who at any time before the
assessment year transfers by loan, deposit or gift, any notes,
bonds, bills and accounts receivable, stocks and other intangible
personal property, which are subject to taxation to anyone, who
does not return a list of taxation as of the day on which the
assessment year commences including such property, transfers,
loans, deposits or gifts, if made with intention of evading
taxation, shall be deemed and treated as illegal and fraudulent and
the assessor shall assess such property for taxation to the party
who makes such transfers, loans, deposits or gifts as aforesaid.
NOTE: The purpose of this bill is to exempt recreational vehicles, owned by a resident of this state who is seventy years of
age or older, from ad valorem taxes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.