Supplement: WV SB608 | 2022 | Regular Session | Tax & Revenue Department, WV State
For additional supplements on West Virginia SB608 please see the Bill Drafting List
Bill Title: Relating to assessment and taxation of real property occupied by certain family members
Status: 2022-02-28 - On 2nd reading to Finance [SB608 Detail]
Download: West_Virginia-2022-SB608-Tax_Revenue_Department_WV_State.html
The stated purpose of this bill is to provide that an immediate family member or former spouse of the owner of real property who occupies the real property of the owner exclusively for residential purposes shall be included in class (1) for assessment and taxation purposes. The revenue impact of this proposal on Property Tax collections cannot be determined. We have no data on the value of real property occupied by an immediate family member or former spouse of the owner. Additional administrative costs would be minimal.
The revenue impact of this proposal on Property Tax collections cannot be determined. We have no data on the value of real property occupied by an immediate family member or former spouse of the owner. Additional administrative costs would be minimal.
The stated purpose of this bill is to provide that an immediate family member or former spouse of the owner of real property who occupies the real property of the owner exclusively for residential purposes shall be included in class (1) for assessment and taxation purposes. A primary concern is whether the Legislature has the authority under West Virginia Constitution Article X, Section 1, to exempt this type of property from ad valorem taxation. The Constitution expressly limits the property class of property "used and occupied by the owner thereof exclusively for residential purposes." Occupancy of the property by any person other than the owner is not permitted whether it be the owner's immediate family or former spouse. The bill title incorrectly refers to "Class I," which is the classification for livestock and farm implements. No property is currently taxed in this classification. Owner-occupied residential real estate is Class II.
Person submitting Fiscal Note: Mark Muchow
Email Address: kerri.r.petry@wv.gov
Bill Title: Relating to assessment and taxation of real property occupied by certain family members
Status: 2022-02-28 - On 2nd reading to Finance [SB608 Detail]
Download: West_Virginia-2022-SB608-Tax_Revenue_Department_WV_State.html
FISCAL NOTE
| Date Requested: February 10, 2022 Time Requested: 04:02 PM |
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FUND(S):
General Revenue Fund, local governmentsSources of Revenue:
General Fund local property taxLegislation creates:
Decreases Existing Revenue, Increases Existing ExpensesFiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The stated purpose of this bill is to provide that an immediate family member or former spouse of the owner of real property who occupies the real property of the owner exclusively for residential purposes shall be included in class (1) for assessment and taxation purposes. The revenue impact of this proposal on Property Tax collections cannot be determined. We have no data on the value of real property occupied by an immediate family member or former spouse of the owner. Additional administrative costs would be minimal.
Fiscal Note Detail
| Effect of Proposal | Fiscal Year | ||
|---|---|---|---|
| 2022 Increase/Decrease (use"-") |
2023 Increase/Decrease (use"-") |
Fiscal Year (Upon Full Implementation) | |
| 1. Estmated Total Cost | 0 | 0 | 0 |
| Personal Services | 0 | 0 | 0 |
| Current Expenses | 0 | 0 | 0 |
| Repairs and Alterations | 0 | 0 | 0 |
| Assets | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| 2. Estimated Total Revenues | 0 | 0 | 0 |
Explanation of above estimates (including long-range effect):
The revenue impact of this proposal on Property Tax collections cannot be determined. We have no data on the value of real property occupied by an immediate family member or former spouse of the owner. Additional administrative costs would be minimal.
Memorandum
The stated purpose of this bill is to provide that an immediate family member or former spouse of the owner of real property who occupies the real property of the owner exclusively for residential purposes shall be included in class (1) for assessment and taxation purposes. A primary concern is whether the Legislature has the authority under West Virginia Constitution Article X, Section 1, to exempt this type of property from ad valorem taxation. The Constitution expressly limits the property class of property "used and occupied by the owner thereof exclusively for residential purposes." Occupancy of the property by any person other than the owner is not permitted whether it be the owner's immediate family or former spouse. The bill title incorrectly refers to "Class I," which is the classification for livestock and farm implements. No property is currently taxed in this classification. Owner-occupied residential real estate is Class II.
Person submitting Fiscal Note: Mark Muchow
Email Address: kerri.r.petry@wv.gov
