W. Va. Code R. § 110-22-4

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

Section 110-22-4 - Stamps, Affixation And Cancellation

4.1. Evidence of Payment. -- The payment of the tax imposed upon the privilege of transferring title to real estate shall be evidenced by the affixing of the documentary stamp, or stamps, to every document by the person executing, delivering, or presenting for recording such document.

4.2. Affixing Stamps. -- Each stamp shall be affixed in such a manner that its removal will require the continued application of steam or water.

4.3. Cancellation of Stamps.

4.3.1. The person using or affixing such stamps shall write or stamp, or cause to be written or stamped thereon, the initials of his name and the date upon which stamps were affixed or used so that stamps may not again be used.

4.3.2. In the event the person presenting the document for recording has failed to cancel the stamps affixed thereto, the county clerk must then cancel the stamps by writing the date on the face of each stamp.

4.3.3. Where recorded documents are not microfilmed or otherwise photographically reproduced for recordation, the clerk shall write or stamp on the recorded copy of each such document the amount of tax stamps which were affixed thereto and the date of cancellation of such stamps.

4.4. Availability. -- Stamps shall be offered for sale by the clerks of the various county courts. The stamps must be purchased from the county clerk and the tax collected in the county where the document is first admitted to record. Such stamps to be furnished to the county clerk by the State Tax Commissioner.

4.5. Denominations and Description.

4.5.1. Documentary adhesive stamps, as prepared and furnished the county clerks by the Commissioner, are 1-1/8 x 1-1/4 inches with roulette perforations, slightly larger than a standard U.S. postage stamp. The top center bears a facsimile of the obverse side of the West Virginia State Seal. Immediately under the seal is imprinted "Property Transfer Tax"; and immediately under the caption are the words "state and county"; and immediately under this caption is the denomination of the stamp printed in the same color ink as the stamp; immediately under the denomination is the serial number for each individual stamp with the letter prefix indicating the denomination. Just above and to the right of the "y" in the word "Property", is the symbol for copyright and "W. Va.".

4.5.2. Stamps are issued by the Commissioner to the county clerks in sheets of 50 (fifty) stamps. The "A" series are gray in color and one dollar and sixty-five cents $1.65 denomination; the "B" series are red in color and four dollars and ninety-five cent ($4.95) denomination; the "C" series are blue in color and thirteen dollars and twenty cent ($13.20) denomination; the "D" series are green in color and twenty-one dollar and forty-five cent ($21.45) denomination; the "E" series are purple in color and fifty-one dollars and fifteen cents ($51.15) denomination; the "F" series are brown in color and ninety-four dollars and five cents ($94.05) denomination. An additional denomination, series "H" will be issued in quantities of less than sheets fifty (50) stamps to be used on property transfers with a value of ninety-nine thousand five hundred dollars and one cent ($99.500.1) to one hundred thousand dollars ($100,000); the "H" series are olive green in color and three hundred thirty dollars ($330) denomination.

4.6. Issuance and Receipt. -- Upon request by the county clerk, stamps are issued by the Commissioner, accompanied with two, of three, typewritten copies of the following receipt. One copy is for the records of the county clerk and one copy for signature of acknowledgement of the clerk and returned to the Commissioner. The Commissioner sends the third copy to the Office of the Chief Inspector for future audit.

W. Va. Code R. § 110-22-4