West Virginia 2023 Regular Session

West Virginia Senate Bill SB39

Introduced
1/11/23  
Refer
1/11/23  

Caption

Relating to assessment of real property

Impact

The bill significantly alters the provisions in the Code of West Virginia regarding property assessment. This change means that properties meeting the definition of being occupied exclusively for residential purposes by family members may receive favorable tax treatment. It essentially aims to support families by ensuring that properties they occupy do not face punitive taxation under commercial classifications, which could hinder financial capacities of families that wish to maintain residence. In the context of West Virginia's growing concern about housing affordability, SB39 may provide necessary support to those affected.

Summary

Senate Bill 39, introduced in West Virginia, aims to amend current laws related to the assessment of real property. Specifically, the bill stipulates that properties occupied by immediate family members or former spouses of the owner solely for residential purposes will be classified under class two for assessment and taxation. This classification provides clarity on what constitutes residential occupancy, potentially affecting tax assessments that homeowners face.

Sentiment

The sentiments surrounding SB39 appear to be largely positive among family advocacy groups and homeowners who would benefit from the clarity and potential tax relief this bill provides. However, there are concerns from parties worried about the broader implications of tax classification and whether the bill would invite abuses or challenges regarding standard definitions of ownership and occupancy. This duality reflects a significant aspect of community conversation on how best to manage family-owned properties and their taxation.

Contention

Notable points of contention include the definition of 'immediate family member' and the circumstances under which properties are exempt from being classified as non-residential. Opponents may argue that the bill could lead to loopholes where individuals claim tax benefits under this classification erroneously. Furthermore, discussions surrounding the bill also touch on the risk of unintentionally favoring certain family structures over others, which raises questions about equity in tax law application. Ensuring that implementation does not lead to inconsistent applications of tax policy is crucial.

Companion Bills

No companion bills found.

Previously Filed As

WV SB608

Relating to assessment and taxation of real property occupied by certain family members

WV SB803

Updating definitions for assessment of real property

WV HB260

AN ACT relating to property assessments.

WV HB4054

Relating to special assessment of historic property; and prescribing an effective date.

WV HB3190

Relating to historic property special assessment; and prescribing an effective date.

WV AB1868

Property taxation: assessments: affordable housing.

WV HB187

Modify procedures to conduct property tax sales-assessment study

WV SB264

Modifies provisions relating to personal property assessments

WV HB1253

Provide property assessment freeze and reduction of property assessment for certain seniors, and to revise qualifications for a property tax exemption.

WV HB05035

An Act Concerning Property Tax Assessments By Municipalities.

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB964

Property tax: tax-defaulted property sales.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.