Bill Text: WV HB2379 | 2018 | Regular Session | Introduced
Bill Title: Providing a special method for valuation of certain wireless technology property for property taxes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-12 - To House Finance [HB2379 Detail]
Download: West_Virginia-2018-HB2379-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new article, designated
§11-6L-1, §11-6L-2, §11-6L-3, §11-6L-4, §11-6L-5 and §11-6L-6, all relating to
providing a special method for valuation of certain wireless technology
property for property taxes; defining terms; providing mandated salvage
valuation of certain wireless businesses' property; specifying method for
valuation of certain property; requiring initial determination by county assessors
of whether certain property is subject to this article; and specifying
procedure for protest and appeal of determination by county assessor.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article,
designated §11-6L-1, §11-6L-2, §11-6L-3,
§11-6L-4, §11-6L-5 and §11-6L-6,
all to read as follows:
ARTICLE 6L. SPECIAL
METHOD FOR VALUATION OF CERTAIN
WIRELESS TECHNOLOGY PROPERTY.
§11-6L-1. Short title.
This article shall be
known and cited as the "Wireless
Technology Business Property Valuation Act."
§11-6L-2. Definitions.
For the purposes of this
article:
"Antenna"
means a tower used for the purposes of transmitting cellular or wireless
signals for communications purposes, including telephonically, or for computing
purposes; and
"Salvage
value" means five percent of original cost.
§11-6L-3. Valuation of certain specialized wireless
technology property.
Notwithstanding any
other provision of this code to the contrary, the value of an antenna is its
salvage value, if it is:
(1) In a county of less
than twenty thousand in population; and
(2) Within four miles of
a four-lane highway which is either completed, under construction or designed
and planned to be constructed.
§11-6L-4. Initial determination by county assessor.
The assessor of the
county in which a specific item of tangible personal property is located shall
determine, in writing, whether that specific item of tangible personal property
is directly used in accordance with this article. Upon making a determination that a taxpayer
has tangible personal property directly used in accordance with this article,
the county assessor shall notify the Tax Commissioner of that determination and
shall provide information to the Tax Commissioner as he or she requires
relating to that determination.
§11-6L-5. Protest and appeal.
(a) At any time after
the property is returned for taxation, but prior to January 1 of the assessment
year, any taxpayer may apply to the county assessor for information regarding
the issue of whether any particular item or items of property constitute
property directly used in a high-technology business or an Internet advertising
business under this article which is subject to valuation in accordance with
this article. If the taxpayer believes
that some portion of the taxpayer's property is subject to this article, the
taxpayer shall file objections in writing with the county assessor. The county assessor shall decide the matter
by either sustaining the protest and making proper corrections, or by stating,
in writing if requested, the reasons for the county assessor's refusal. The
county assessor may, and if the taxpayer requests, the county assessor shall,
before January 1 of the assessment year, certify the question to the Tax
Commissioner in a statement sworn to by both parties, or if the parties are
unable to agree, in separate sworn statements.
The sworn statement or statements shall contain a full description of
the property and any other information which the Tax Commissioner requires.
(b) The Tax Commissioner
shall, as soon as possible on receipt of the question, but in no case later
than February 28 of the assessment year, instruct the county assessor as to how
the property shall be treated. The
instructions issued and forwarded by mail to the county assessor are binding
upon the county assessor, but either the county assessor or the taxpayer may
apply to the circuit court of the county for review of the question of the
applicability of this article to the property in the same fashion as is
provided for appeals from the county commission in section twenty-five, article
three of this chapter. The Tax
Commissioner shall prescribe forms on which the questions under this section shall
be certified and the Tax Commissioner has the authority to pursue any inquiry
and procure any information necessary for disposition of the matter.
§11-6L-6. Effective date.
This article is
effective on and after July 1, 2017.
NOTE: The purpose of this bill is
to establish the Wireless Technology Business Property Valuation Act which
provides for mandated salvage valuation for property tax purposes of tangible
personal property directly used in certain wireless technology businesses.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.