W. Va. Code R. § 110-1C-3
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 110-1C-3 - Assessor's Activities3.1. Responsibilities Of The Assessor. -- It is the duty of the several county assessors, sheriffs, county commissions, and Tax Commissioner, to expend the maximum efforts to assist in ascertaining the true and actual value of all nonutility personal property as of the base year of 1983. 3.1.1. It also is their individual and collective duty to see to proper and fair valuation of property within their respective counties in order to accomplish the objective of equal and uniform valuation for property tax purposes.3.1.2. It is the responsibility and duty of each county assessor to see to the proper and accurate valuation of all nonutility personal property appraised pursuant to West Virginia Code '11-1A-1 et seq.3.2. Personal Property Review Guidelines. -- The State Tax Commissioner shall provide assessors with a list of all nonutility personal property. The assessor shall review this list and the appraised values therein and make such adjustments as will render the appraisal equal and uniform. 3.2.1. In order to make appropriate determinations so as to ensure an equal and uniform appraisal, the assessor should consider all available information to include but not be limited to the following items: 3.2.1.a. Properly completed personal property returns filed by business property owners containing information with respect to items of personal property and value as of each July 1 assessment day, inclusive of July 1, 1983, preceding and succeeding years. These returns will provide comparative information as returns by the property owner relative to the true and actual value of the property as of each assessment day.3.2.1.b. Tax Department appraisals indicating the opinion of the Tax Department concerning the true and actual value of personal property as of a particular day. Since appraisals available from the Tax Department may vary with regard to the year upon which estimate of value is based, assessors should be mindful that the objective of their statutory responsibility involves the determination of value as of 1983.3.2.1.c. Appraisal performed by the assessor's office indicating the true and actual value of personal property as of the date of appraisal.3.2.1.d. Information involving estimates of value in addition to property returns, supplied by property owners. This information may consist of sale prices of individual properties or book values as indicated on the books and records of the business being appraised.3.2.1.e. Any financial statements made available by the business that would tend to indicate the value attributable to nonutility personal property assets of the business.3.2.1.f. Information obtained with respect to the nonutility personal property of a business as a result of a canvass conducted by the assessor's office through routine assessment activities.3.2.1.g. Information contained on the personal property books of the county indicating the assessed value of personal property. Care must be taken to insure that the assessed value contained on the property books is converted to an estimate of market value for ensuring a fair comparison.3.2.2. In addition to the foregoing sources of value information, assessors are encouraged to communicate with each other concerning information which may relate to similar items located in and assessed throughout the several counties of the State. Assessors may further accept and solicit information with respect to value from other county offices and any other source where information relevant to determining the 1983 market value of property for appraisal purposes may reside.3.2.3. Initial Appraisals. -- Assessors judgment shall be weighed against the appraised value provided previously evidencing the initial appraised value of the statewide reappraisal. Changes in value based upon the assessor judgment will be made to the initial appraisal. In instances where no change is made by the assessor to an appraisal previously supplied evidencing a 1983 market value estimate, it will be presumed that the initial appraisal as provided is correct for purposes of the statewide reappraisal and will be used for determining property values for the first year of the statewide reappraisal, absent any change in circumstances involving the property subsequent to the base year affecting the value.3.2.4. Field Canvass. -- To the extent that resources permit, assessors are encourage to canvass those business personal property accounts located in their county where information available is, in the judgment of the assessor, insufficient to form an opinion concerning the 1983 market value for appraisal purposes. A detailed inventory of the personal property should be obtained from the property owner. Posting Of New Values. -- The assessor shall post any change in the value of any item of personal property to the county personal property appraisal list previously supplied by the Tax Commissioner.
3.3.1. The assessor shall proceed with all deliberate speed in the task of reviewing personal property values. In those instances where the assessor believes that the value contained in the initial appraisal is incorrect when compared to the estimate of value derived through the assesses efforts, the assessor shall provide or cause to be provided a notice of new appraised value of personal property identification number, the tax class, the owner's name, the old appraised value and the new appraised value. This notice should further advise the property owner of the appeal rights provided in accordance with W. Va. Code '11-1B-1 et seq., and shall allow sufficient opportunity to determine whether appeal to the county commission is appropriate.3.3.2. The assessor shall make every effort to provide such notice to the current property owner by August 15, 1986, in order that the property owner may file a petition for review of valuation with the county commission on or before September 2, 1986. If the notice is received by the property owner on or after August 20, 1986, the property owner shall be provided from the date of such late notice a two (2) week time period within which to file a petition for review; provided, however, that in no event may such petition for for review be filed after September 15, 1986. If subsequent to September 2, 1986 or in the event of a late notice the running of the two (2) week time period, the property owner discovers new information which will affect the property valuation, he may file a petition for review in accordance with the requirements and procedures provided in W. Va. Code '11-1B-15.3.3.3. Defense Of Value. -- The assessor shall be available to provide information with respect to the value of personal property subject to administration appraisal review board activities when requested by the State Tax Commissioner, the property owner, the county commission, or other interested parties. The assessor may further provide assistance and information to the county commission with respect to any value resulting from the statewide personal property reappraisal, including those estimates of value of nonutility personal property provided by the assessor.3.3.4. Notice Of Change Listing. -- The assessor shall prepare a list of personal property appraisal changes resulting from the required notice. This list shall indicate the owner, property identification number, and old and new appraised value. The assessor shall supply this list to the Tax Commissioner no later than October 1, 1986.W. Va. Code R. § 110-1C-3