W. Va. Code R. § 110-43-3

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

Section 110-43-3 - Valuation of certain wireless technology property

3.1. The Board of Public Works determines the assessed value of all towers constructed or erected between July 1, 2019 and July 1, 2024 regardless of whether the tower is owned by a public service business or is owned by a person or business that is not a public service business.

3.2. The appraised value of any tower, as defined in this rule, for ad valorem property tax purposes, shall be its salvage value, and the correlated value determined under a unit valuation approach shall be reduced by the difference between the original cost and the salvage value of a tower.

3.2.a. Example 1: A tower belonging to an entity which is not a public service business shall be appraised at its salvage value, that is, five per cent of its original cost.

3.2.b. Example 2: Towers belonging to public service businesses subject to unit valuation by the Board of Public Works shall be appraised by subtracting the difference between the original cost of the tower and its salvage value from the unit value of the utility.

3.3. The special valuation method set forth in this rule applies only to towers constructed or erected between July 1, 2019 and July 1, 2024.

3.4. The special valuation method first applies to a tower for the assessment year in which it is constructed or erected and continues for the four ensuing assessment years. In no case shall a tower be eligible for the special valuation method for more than five years.

3.4.a. Cell towers constructed or erected between July 1, 2019 but before January 1, 2020, will be assessed for 2021 taxes.

3.4.b. Cell towers constructed or erected in calendar year 2020 will be assessed for 2022 taxes.

3.4.c. Cell towers constructed or erected in calendar year 2021 will be assessed for 2023 taxes.

3.4.d. Cell towers constructed or erected in calendar year 2022 will be assessed for 2024 taxes.

3.4.e. Cell towers constructed or erected in calendar year 2023 will be assessed for 2025 taxes.

3.4.f. Cell towers constructed or erected in calendar year 2024 but prior to July 1, 2024 will be assessed for 2026 taxes employing the special valuation methodology.

3.4.g. Cell towers constructed or erected in calendar year 2024 after June 30, 2024 will not be assessed using the special valuation methodology, unless use of that methodology is extended by the Legislature.

3.5. This rule does not apply to any property that is exempt from ad valorem property taxation under any other provision of the West Virginia Code. For example, a tower owned by a municipality or other government entity is presumed to be used for a public purpose and is therefore exempt from ad valorem property taxation.

3.6. The presence or placement of a tower on property used primarily for agricultural purposes shall not deprive such property of its eligibility for farm use valuation, but the tower shall be assessed separately, along with the underlying surface property, which shall be appraised and assessed by the square footage that is not being used for farming purposes, and shall be Class III or Class IV, as the case may be. Income derived by the property owner from the presence of the tower shall not be considered income from the surface use of the property for the purpose of determining whether the property qualifies for farm use valuation.

W. Va. Code R. § 110-43-3