West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11-3-25B
Appeal to Office of Tax Appeals
# (a)
In all cases involving appeal to the Office of Tax Appeals from a property tax valuation pursuant to §11-3-15i or §11-3-23a of this code, or from an order of a County Commission sitting as a Board of Equalization and Review pursuant to §11-3-24 of this code, the appeal petition must be filed with the Office of Tax Appeals by March 31 of the property tax year as defined in §11-3-1 of this code to be considered timely filed. If a petition of appeal is not filed with the Office of Tax Appeals by March 31 of the property tax year, then it shall be dismissed as untimely.
# (b)
In all cases involving appeal to the Office of Tax Appeals from a property tax ruling on taxability or classification by the Tax Commissioner pursuant to §11-3-24a of this code, the appeal petition must be filed within 30 days after receiving written notice of the Tax Commissioner’s ruling. If a petition of appeal is not timely filed with the Office of Tax Appeals, then it shall be dismissed.
# (c)
In all cases involving property tax matters brought before the Office of Tax Appeals pursuant to subsections (a) and (b) of this section, the hearing before the Office of Tax Appeals shall be de novo as provided in §11-10A-10 of this code. Notwithstanding the provisions of §11-10A-10 of this code, a property tax appeal to the Office of Tax Appeals involving valuation, classification, or taxability may be set for hearing within 90 days of the due date of the answer unless continued by order of the Office of Tax Appeals for good cause.
# (d)
The provisions of this section shall be effective for all property tax appeals to the Office of Tax Appeals made on or after January 1, 2023.
# (e)
Notwithstanding any provisions of this article to the contrary, failure to file a petition in writing, register a complaint, or request an informal review, as provided in §11-3-15c, §11-3-15d, §11-3-23a, §11-3-24, or §11-3-24a shall not bar the Office of Tax Appeals’ jurisdiction to hear any such property tax appeal. This provision is to clarify that the Office of Tax Appeals will have original property tax jurisdiction to hear such appeals.
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In this chapter (40 sections)
- 11-3-15D · Administrative review of tangible personal property…
- 11-3-15E · Contents of petition based on income approach to value of…
- 11-3-15F · Rejection of petition; amended petition; appeal options
- 11-3-15G · Meeting between assessor and petitioner
- 11-3-15H · Ruling on petition
- 11-3-15I · Petitioner’s right to appeal
- 11-3-16 · Totals of property books
- 11-3-17 · Assessment of property of assessor and deputies
- 11-3-18 · Tax assessment and collection when emergency exists
- 11-3-19 · Property books; time for completing; extension of levies;…
- 11-3-20 · False entries in property books
- 11-3-21 · Violations where no penalty prescribed
- 11-3-22 · Expenses of assessors
- 11-3-23 · Alterations in property books
- 11-3-23A · Informal review and resolution of classification, taxability…
- 11-3-24 · Review and equalization by county commission
- 11-3-24A · Protest of classification or taxability to assessor; appeal…
- 11-3-24B · Board of Assessment Appeals
- 11-3-25 · Relief in circuit court against erroneous assessment
- 11-3-25A · Payment of taxes that become due while appeal is pending
- 11-3-25B · Appeal to Office of Tax Appeals
- 11-3-26 · Contents and effect of order granting relief
- 11-3-27 · Relief in county commission from erroneous assessments
- 11-3-28 · Definitions
- 11-3-29 · Levies to be based only on values ascertained
- 11-3-30 · Exception
- 11-3-31 · Generally applied, and usual and customary practices and…
- 11-3-32 · Effective date of amendments
- 11-3-33 · Rules
- 11-4-1 · Land books to contain separate lists; entry of town lots;…
- 11-4-2 · Form of landbooks
- 11-4-3 · Definitions
- 11-4-4 · Making out land books; using copy of last landbook; correcting…
- 11-4-5 · Information to be obtained from landowners by assessor;…
- 11-4-6 · Transfers on books
- 11-4-7 · Entry of lands acquired from different sources
- 11-4-8 · Lists of transfers of title for assessors
- 11-4-9 · Assessment of different estates; undivided interests
- 11-4-10 · Land and buildings assessed separately; town lots; back…
- 11-4-11 · New buildings