SB 387
Clarifying term "farm" for tax purposes
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies the definition of ‘farm’ for tax purposes in West Virginia. Currently, the definition of ‘farm’ is somewhat broad, potentially including land used for commercial forestry or timber growing. The bill requires the Commissioner of Agriculture to certify whether a parcel of land qualifies as a ‘farm’ for tax purposes, based on criteria they will develop and promulgate as rules. This certification is necessary to determine if a property is subject to specific valuation rules related to farming income.
Key provisions
- The Commissioner of Agriculture will certify whether a parcel of land qualifies as a ‘farm’ for tax purposes.
- The definition of ‘farm’ excludes land primarily used for commercial forestry or timber growing.
- The definition of ‘farm’ excludes surrounding acreage of a residence on a farm, valuing it similarly to surrounding homes.
- The Commissioner of Agriculture will develop criteria for determining ‘farm’ status and will propose rules for certification.
- Property owners can apply to the Commissioner of Agriculture for certification as a ‘farm’.
- Starting in the 2027 tax year, the certification process will be implemented.
- Corporations are only considered ‘farming’ if their primary activity is farming.
- The bill requires the Tax Commissioner to appraise farm property based on expected farming income.
Who is affected
- Taxpayers
- Farmers
- Landowners
- West Virginia State Government (specifically the Department of Agriculture and Tax Department)
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours