W. Va. Code R. § 110-3-35

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-3-35 - Other Property Exempt By Law

35.1. Bonds for cost of real estate and public buildings and issued under Section 7-3-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '7-3-7.

35.2. Negotiable revenue bonds for acquiring, equipping, operating or otherwise supporting or improving certain medical and long-term care facilities issued under Section 7-3-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '7-3-14.

35.3. Property of any parks and recreation commission created by a county commission in accordance with Section 7-11-1 et seq. of the W. Va. Code is exempt from ad valorem property taxation. Bonds, notes, debentures and other evidences of indebtedness of such parks and recreation commission are exempt from ad valorem property taxation. See W. Va. Code '7-11-2.

35.4. Property of county development authorities established in accordance with Section 7-12-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. Bonds, notes, debentures and other evidence of indebtedness of such authorities are exempt from ad valorem property taxation. See W. Va. Code '7-12-10.

35.5. Property of emergency ambulance authorities created under Section 7-15-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. Interest on obligations and all evidences of indebtedness of any such authority are exempt from ad valorem property taxation. See W. Va. Code '7-15-13.

35.6. Property of urban mass transportation authorities created under section 8-27-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '8-27-20.

35.7. All real and personal property acquired, held and used by an adjoining state in this State pursuant to the provisions of Section 8-28-9 of the West Virginia Code for acquisition, establishment, construction, lease, equipment, improvement, maintenance or operation of an airport exclusively for nonprofit public use is exempt from ad valorem property taxation in accordance with Section 11 of these regulations. See W. Va. Code '8-28-9.

35.8. Property of regional airport authorities created under Section 8-29-1 et seq. of the West Virginia code is exempt from ad valorem property taxation. Bonds, notes, debentures and other evidences of indebtedness of such authorities are exempt from ad valorem property taxation. See W. Va. Code '8-29-13.

35.9. Property of county airport authorities created under Section 8-29A-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. Bonds, notes, debentures and other evidences of indebtedness of such authorities are exempt from ad valorem property taxation. See W. Va. Code '8-29A-13.

35.10. Property of municipal building commissions, county building commissions or municipal-county building commissions created under Section 8-33-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. Bonds, notes, debentures and other evidences of indebtedness of such commissions are exempt from ad valorem property taxation. See W. Va. Code '8-33-7.

35.11. Grants of all classes of welfare assistance received under the provisions of Chapter 9 of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '9-5-1.

35.12. Bonds for payment of costs associated with athletic establishments created or acquired in accordance with Section 10-2A-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '10-2A-10.

35.13. All bonds of the State of West Virginia or any political subdivision thereof issued for original indebtedness and not for payment of current expenses under Section 13-1-1 are exempt from ad valorem property taxation. See W. Va. Code '13-1-33.

35.14. All bonds of the State of West Virginia or of any political subdivision thereof issued under Section '13-2-1 et seq. of the West Virginia Code for the purpose of refunding bonds are exempt from ad valorem property taxation. See W. Va. Code '13-2-8.

35.15. Refunding bonds issued under Section 13-2A-1 et seq. of the West Virginia Code and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '13-2A-10.

35.16. Industrial development and commercial development bond act.

35.16.1. Revenue bonds for industrial and commercial development issued pursuant to Section 13-2C-1 of the West Virginia Code and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '13-2C-15.

35.16.2. The real and personal property which a county commission or a municipality may acquire to be leased, sold or otherwise disposed of, according to the provisions of Section '13-2C-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '13-2C-15.

35.17. Airport Development Bond Act.

35.17.1. Revenue bonds issued pursuant to the Airport Development Bond Act, section 13-2D-1 et seq. of the West Virginia Code, and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '13-2D-12.

35.17.2. Real and personal property which a county commission may acquire for an airport according to the provisions of Section '13-2D-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '13-2D-12.

35.18. Refunding bonds issued pursuant to the Revenue Bond Refunding Act, Section 13-2E-1 et seq. of the West Virginia Code, and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '13-2E-12.

35.19. Armories or any property acquired or used by the State Armory Board under the provisions of Section 15-6-1 et seq. of the West Virginia Code and the bonds issued thereunder and the income therefrom, including any profit made on the sale thereof, are exempt from ad valorem property taxation. See W. Va. Code '15-6-18.

35.20. Any supplies or equipment purchased by the West Virginia Sheriff's Bureau (created under Section 15-8-1 et seq. of the West Virginia Code) through the special fund created under Section 15-8-7 of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '15-8-12.

35.21. Sewerage works.

35.21.1. Revenue bonds issued under Section 16-13-1 et seq. of the West Virginia Code, relating to sewerage works of municipal corporations and sanitary districts, and the interest thereon are exempt from ad valorem property taxation. See W. Va. Code '16-13-22f and '16-13-10.

35.21.2. All properties and facilities of municipalities addressed under Section 16-13-1 et seq. of the West Virginia Code owned or used in connection with sewerage systems are exempt from ad valorem property taxation. See W. Va. Code '16-13-22f.

35.21.3. All monies, revenues, and other income of municipalities addressed under Section 16-13-1 et seq. of the West Virginia Code derived from sewerage systems are exempt from ad valorem property taxation. See W. Va. Code '16-13-22f.

35.22. Public service districts for water and sewerage services.

35.22.1. All property and income of public service districts for water and sewerage services established in accordance with Section 16-13A-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '16-13A-21.

35.22.2. Bonds issued by public service districts for water and sewerage services established under Section 16-13A-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '16-13A-21.

35.23. The property, bonds, notes, debentures and other evidences of indebtedness of a housing authority established under Section 16-15-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '16-15-14.

35.24. Property of urban renewal authorities.

35.24.1. Property of an urban renewal authority created under Section 16-18-1 of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '16-18-15(b).

35.24.2. The ad valorem property tax exemption for urban renewal authority property shall terminate when the authority sells, leases or otherwise disposes of any property used in a redevelopment project to a redeveloper for redevelopment. See W. Va. Code '16-18-15(b).

35.25. Any property acquired or used by the Solid Waste Disposal Authority created under Section 16-26-1 et seq. of the West Virginia Code and the income therefrom and any solid waste disposal project and the bonds and notes issued by such authority and all interest and income thereon are exempt from ad valorem property taxation. See W. Va. Code '16-26-19.

35.26. Property acquired or used by the West Virginia Turnpike Commission under the provisions of Section 17-16A-1 of the West Virginia Code and the income therefrom, and the bonds issued under the provisions of the aforesaid code sections, and the income therefrom are exempt form ad valorem property taxation. See W. Va. Code '17-16A-14.

35.27. Revenue bonds issued for West Virginia University under Section 18-11-1 et seq. of the West Virginia Code and the interest thereon are exempt from ad valorem property taxation. See W. Va. Code '18-11-25.

35.28. Revenue bonds for university capital improvements issued under Section 18-11A-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '18-11A-7.

35.29. Revenue bonds for university facilities, buildings and structures issued under Section 18-11B-1 et seq. of the West Virginia Code and the interest thereon are exempt from ad valorem property taxation. See W. Va. Code '18-11B-11.

35.30. Revenue bonds for Marshall University capital improvements issued under section 18-12A-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '18-12A-7.

35.31. Revenue bonds for state institutions of higher education issued under Section 18-12B-1 et seq. of the West Virginia Code and the interest thereon are exempt from ad valorem property taxation. See W. Va. Code '18-12B-4.

35.32. Monies and property acquired by, retained by or used by the West Virginia Board of Regents or its agents under the provisions of the West Virginia Education Loan Bond Program under Section 18-27-1 et seq. of the West Virginia Code and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '18-27-22.

35.33. All bonds issued by the Blennerhassett Historical Park Commission under the provisions of Section 29-8-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '29-8-10.

35.34. Any property acquired or used by the West Virginia Railroad Maintenance Authority, established under Section 29-18-1 et seq. of the West Virginia Code, and the income therefrom, and all bonds, notes and all interest and income thereon are exempt from ad valorem property taxation. See W. Va. Code '29-18-19.

35.35. Property of any credit union organized under Section 31-10-1 et seq. of the West Virginia Code, or any other credit union act, except any real property and any tangible personal property owned by any such credit union, is exempt from ad valorem property taxation. Any real property and any tangible personal property owned by any such credit union is subject to taxation to the same extent as other similar property is taxed. See W. Va. Code '31-10-33.

35.36. Any economic development project or any property acquired or used by the West Virginia Economic Development Authority, established under W. Va. Code '31-15-1 et seq., and the income therefrom, and bonds and notes issued under Section 31-15-1 et seq. of the West Virginia Code and all interest and income thereon are exempt from ad valorem property taxation. See W. Va. Code '31-15-20.

35.37. The West Virginia Housing Development Fund.

35.37.1. Property, other than real property, of the West Virginia Housing Development Fund, and obligations for other evidences of indebtedness and any monies, funds, revenues or other income held or received by the said Housing Development Fund, and the notes and bonds of the said Housing Development Fund and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '31-18-18.

35.37.2. All real property of the West Virginia Housing Development Fund is subject to ad valorem property taxation. See W. Va. Code '31-18-18.

35.38. The West Virginia Community Development Authority.

35.38.1. All property, other than real property, of the West Virginia Community Development Authority, created under Section 31-19-1 et seq. of the West Virginia Code, and its obligations for other evidences of indebtedness issued pursuant to the provisions of Section 31-19-1 et seq. of the West Virginia Code and any monies, funds, revenues or other income held or received by the said community development authority and the income therefrom are exempt from ad valorem property taxation. See W. Va. Code '31-19-20.

35.38.2. All real property of the West Virginia Community Development Authority is subject to ad valorem property taxation. See W. Va. Code '31-19-20.

35.39. Licensed fraternal benefit societies.

35.39.1. Property, except real property and office equipment, of fraternal benefit societies licensed under Section 33-23-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '33-23-9(b).

35.39.2. All real property and office equipment of fraternal benefit societies licensed under Section 33-23-1 et seq. of the West Virginia Code is subject to ad valorem property taxation. See W. Va. Code '33-23-29(b).

35.40. Property of hospital service corporations, medical service corporations and dental service corporations created in accordance with Section 33-24-1 et seq. of the West Virginia Code are exempt from ad valorem property taxation. See W. Va. Code '33-24-4.

35.41. The property of all health care corporations created in accordance with Section 33-25-1 et seq. of the West Virginia Code is exempt from ad valorem property taxation. See W. Va. Code '33-25-5.

35.42. Although the West Virginia Insurance Guaranty Association, created under Section 33-26-2 et seq. of the W. Va. Code, is exempt from payment of most fees and taxes levied by this State and its subdivisions, real and personal property of the said association is subject to ad valorem property taxation. See W. Va. Code '33-26-15.

35.43. Although the West Virginia Life and Health Insurance Guaranty Association, created under Section 33-26A-1 et seq. of the West Virginia Code, is exempt from most fees and taxes levied by this State and its subdivisions, all real property of the said association is subject to ad valorem property taxation. The personal property of the said association is exempt from ad valorem property taxation. See W. Va. Code '33-26A-16.

W. Va. Code R. § 110-3-35