H. B. 2104
(By Delegates Caputo, Manchin and Longstreth)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11A-1-3 of the Code of West Virginia,
1931, as amended, relating to allowing quarterly payment of
real and personal property taxes.
Be it enacted by the Legislature of West Virginia:
That §11A-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. ACCRUAL AND COLLECTION OF TAXES.
§11A-1-3. Accrual; time for payment; interest on delinquent taxes.
(a) All current taxes assessed on real and personal property
may be paid in two installments. The first installment shall be is
payable on September 1 of the year for which the assessment is made
and shall become becomes delinquent on October 1; the second
installment shall be is payable on the first day of the following
March 1 and shall become becomes delinquent on April 1. Taxes paid on or before the date when they are payable, including both first
and second installments or quarterly installments, shall be are
subject to a discount of two and one-half percent. If taxes are
not paid on or before the date on which they become delinquent,
including both first and second installments or quarterly
installments, interest at the rate of nine percent per annum shall
be added from the date they become delinquent until paid.
Beginning July 1, 2013, current taxes assessed on real and personal
property may be paid in quarterly installments:
(1) The first
quarterly installment is payable on September 1 of the year for
which the assessment is made and becomes delinquent on October 1;
(2) the second quarterly installment is payable on the following
January 1 and becomes delinquent on February 1; (3) the third
installment is payable on the following March 1 and becomes
delinquent on April 1; and (4) the fourth installment is payable on
the following August 1 and becomes delinquent on September 1.
(b) With regard to real and personal property taxes, when any
return, claim, statement or other document is required to be filed
or any payment is required to be made within a prescribed period or
before a prescribed date and the applicable law requires delivery
to the office of the sheriff of a county of this state, the methods
prescribed in §11-10-5f section five-f, article ten, chapter eleven
of this code for timely filing and payment to the Tax Commissioner
or Department of tax and Revenue shall be the same methods utilized for timely filing and payment with such sheriff. Nothing contained
in this subsection (b) shall prohibit prohibits the sheriff from
establishing additional methods of payment in accordance with the
provisions of section eight-a of this article.
NOTE: The purpose of this bill is to allow quarterly payment
of real and personal property taxes.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.