W. Va. Code R. § 110-21B-2

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

Section 110-21B-2 - Definitions

When used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Ad valorem tax" means the tax imposed upon the value of property as authorized by West Virginia Constitution Article X, Section 1.

2.2. "Assessed value" means the value of property as determined under W. Va. Code §11-3-1 et seq.

2.3. "Commissioner" means the West Virginia Tax Commissioner, or his or her delegate.

2.4. "Department" means the West Virginia State Tax Department.

2.5. "Homestead" means a single family residential house, including a mobile or manufactured or modular home, and the land surrounding the structure; or a mobile or manufactured or modular home regardless of whether the land upon which the mobile or manufactured or modular home is situated is owned or leased.

2.6. "Low income" means federal adjusted gross income for the taxable year that is 150% or less of the federal poverty guideline for the year in which property tax was paid, based upon the number of individuals in the family unit residing in the homestead, as determined by the United States Secretary of Health and Human Services.

2.7. "Owner" means the person who possesses the homestead, whether in fee or for life. A person seized or entitled in fee subject to a mortgage or deed of trust is considered the owner. A person who has an equitable estate of freehold, or is a purchaser of a freehold estate who is in possession before transfer of legal title is also the owner. Personal property mortgaged or pledged shall, for the purpose of taxation, be considered the property of the party in possession.

2.8. "Personal income tax" means the tax imposed by W. Va. Code §11-21-1 et seq.

2.9. "State" means the State of West Virginia.

2.10. "System" means the statewide data processing system for property tax administration authorized by W. Va. Code §11-1A-21.

2.11. "Taxable assessed value" means the assessed value of the homestead remaining after application of the homestead exemption.

2.12. "Taxes paid" means the aggregate of regular levies, excess levies and bond levies of property taxes extended against not more than $20,000 of the taxable assessed value of a homestead that are paid during the calendar year, determined after application of any discount for early payment of taxes but before application of any penalty or interest for late payment of property taxes for a property tax year that begins on or after January 1, 2002.

2.13. "Taxpayer" means an owner who qualifies for the homestead exemption and is required to file a personal income tax return or is liable for the payment of personal income tax.

W. Va. Code R. § 110-21B-2