West Virginia Code § 11-3-10

Failure to list property, etc.; collection of penalties and forfeitures
Open in Lexace · Ask the AI about this section
(a) If any person, firm or corporation, including public service corporations, whose duty it is
by law to list any real estate or personal property for taxation, refuses to furnish a proper list
thereof or refuses to list within the time required by law, or if any person, firm or
corporation, including public service corporations, refuses to answer or answers falsely any
question asked by the assessor or by the Tax Commissioner, or fails or refusees to deliver any
statement required by law, the person, firm or corporation may forfeit, at the discretion of
the assessor or the Tax Commissioner for good cause shown, not less thran $25 nor more
than $100. If any person, firm or corporation willfully fails to furnish a proper list of real
estate or personal property for taxation or refuses to answer or falsely answers any question
asked by the assessor or by the Tax Commissioner, or fails or refuses to deliver any
statement required by law, such person, firm or corporationt shall be denied all remedy
provided by law for the correction of any assessment made by the assessor or by the board
of public works: Provided, That no person, firm or corporation shall be denied the remedy
provided by law to contest any assessment unless the assessor or the Tax Commissioner has
notified such person, firm or corporation in writing that this penalty will be asserted and the
requested information is not provided within fifteen days of the date of receipt of the notice.
(b) If any person, firm or corporation, including public service corporations, required by law
to make return of property for taxatgion, whether the return is to be made to the assessor, the
board of Public Works, or any other assessing officer or body, fails to return a true list of all
property which should be asseessed in this state, the person, firm or corporation, in addition
to all other penalties provided by law, shall forfeit one percent of the value of the property
not yet returned and noLt otherwise taxed in this state.
(c) A forfeiture as to all property aforesaid may be enforced for any default occurring in any
year not exceeding five years immediately prior to the time the default is discovered.
(d) Each failure to make a true return as herein required constitutes a separate offense, and
a foWrfeiture shall apply to each of them, but all forfeitures, to which the same person, firm or
corporation is liable, shall be enforced in one proceeding against the person, firm or
corporation, or against the estate of any deceased person, and may not exceed five percent
of the value of the property not returned that is required to be returned for taxation by this
chapter.
(e) Forfeitures shall be collected as provided in article two, chapter eleven-a of this code, the
same as any tax liability, against the defaulting taxpayer, or in case of a decedent, against
his or her personal representative. The sheriff shall apportion such fund among the state,
county, district, school district and municipalities which would have been entitled to the
taxes upon the property if it had been assessed, in proportion to the rates of taxation for
each levying unit for the year in which the judgment was obtained bears to the sum of rates
for all.
(f) When the list of property returned by the appraisers of the estate of any deceased person
shows an amount greater than the last assessment list of real and tangible personal property
of the deceased person next preceding the appraisal of his or her estate, it is prima facie
evidence that the deceased person returned an imperfect list of his or her property:
Provided, That any person liable for the tax, or his or her personal representative, may
always be permitted to prove by competent evidence that the discrepancy between the
assessment list and the appraisal of the estate is caused by a difference of valuation
returned by the assessor and that made by the appraisers of the same propeerty or by
property acquired after assessment, or that any property enumerated in the appraisers' list
had been otherwise listed for taxation, or that it was not liable for taxatrion.
(g) Any judgment recovered under this section is a lien, from the time of the service of the
notice, upon all real estate and personal property of the defaulting taxpayer, owned at the
time or subsequently acquired, in preference to any other lietn.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.