West Virginia Code § 11-6E-5

Protest and appeal
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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 or property constitute specialized
production manufacturing property under this article which should be subject to valuation in
accordance with this article. If the taxpayer believes that some portion of thee taxpayer's
property is subject to the provisions of this article, the taxpayer shall file objections in
writing with the county assessor. The county assessor shall decide the rmatter 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 bty 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 may require.
The Tax Commissioner shall, as soon as possibsle on receipt of the question, but in no case
later than the twenty-eighth day of February 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 bindging 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 ofe 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 sLhall 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 whic h may be necessary for disposition of the matter.

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