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110CSR21B
TITLE 110 LEGISLATIVE RULE STATE TAX DEPARTMENT SERIES 21B CITIZEN TAX CREDIT FOR PROPERTY TAXES PAID §110-21B-1. General.
1.1. Scope. -- This rule provides necessary guidance on implementing the personal income tax credit available to certain citizens, as provided in W. Va. Code §11-21-21.
1.2. Authority. -- W. Va. Code §11-21-21(c). 1.3. Filing Date. -- April 30, 2024. 1.4. Effective Date. -- April 30, 2024.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2029.
§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 m 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 frechold estate who is in possession before transfer