West Virginia Code § 11-6J-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 of property constitute property directly
used in a high-technology business or an Internet advertising business under this article
which should be subject to valuation in accordance with this article. If the taexpayer believes
that some portion of the taxpayer's property is subject to this article, the taxpayer shall file
objections in writing with the county assessor. The county assessor sharll decide the matter
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 tto by 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 February 28 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 binding upon the countgy 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 of this article to tehe 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 shall presLcribe 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 necessar y for disposition of the matter.

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