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the dividends accruing on such shares. The real estate of any
such bank, company or association shall be assessed as in other cases, and a proportionate share of such assessed value shall be deducted in ascertaining the market value of these shares. The return shall be made as of the first day of the assessment year.
(Senate Bill No. 12.)
AN ACT to amend and re-enact sections thirteen, thirty-nine, for
ty-seven, forty-eight, fifty-four, sixty-seven, seventy-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-six and one hundred and thirty-eight of chapter thirty-two of the code of West Virginia, concerning the revenues of the state arising from license taxes, and to add thereto section one hundred and forty-two and section one hundred and forty-four.
(l'assed March 5, 1907.
In effect ninety days from passage.
Approved by the
duty of county court as to hear
ing of petitions. 39. When license tax year to begin ;
when to expire; if granted for
less time than one year. 47. Daily list of licenses issued to be
dellvered to sheriff. 48. List to be transmitted to auditor ;
when; what to contain. 54. When license taxes paid into state
what to show ; aggregate annual
beer, etc., reports and records
on resident and non-resident cor
iness this state to make re-
auditor; when; what
eign corporation to be filed with
duty of secretary of state. 133. Xotice by auditor to corporations;
statement of domestic corpora.
tions ; license tax as a lien. 134. Publication of list of delinquent
corporations. 136. Proceedings against delinquent
corporations. 138. What corporations exempt from 11
cense tax. 112. If returns be made on behalf of
telephone or telegraph com
pany, what to show. 144. When returns to be made; to in
clude number of miles operated by express company; to be ver
ified by affidavit. (2) When license tax to begin and
expire. (3) hen new licenses required. (4) Inconsistent acts repealed.
Be it enacted by the Legislature of West Virginia:
1. That sections thirteen, thirty-nine, forty-seven, forty-eight, fifty-four, sixty-seven, seventy-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-six and one hundred and thirty-eight of chapter thirty-two of the code of West Virginia, concerning the revenues of the state arising from license taxes, be amended and re-enacted, and that section one hundred and forty-two and section one hundred and forty-four be added to said chapter, so as to read as follows:
Sec. 13. The court shall hear the petitions at a regular or special term called for that purpose on the first Monday of the last month of the license tax year, in the order in which they are filed with the clerk, who shall prepare a docket thereof and the court shall grant or refuse the licenses applied for. The said county court shall hear any petitions of residents of the county, in addition to that of the applicant, in favor of and any remonstrance against the application for such license, and in all cases shall refuse the same whenever in the opinion of said court (having due regard to the number and character of the petitioners for and against said application) such license is not necessary or that the applicant is not a fit person to whom such license should be granted. Upon sufficient cause being shown or proof being made to the said court, that the person holding a license has knowingly violated any laws of the state relating to the sale of liquors, the said court, upon notice being given to the person licensed, shall revoke the said license.
Sec. 39. The license tax year for all annual licenses named in sections one and two shall begin on and with the first day of July of each year and end with the thirtieth day of the following June. Every state license for any purpose named in sections one and two (except as hereinafter otherwise provided) shall expire on the thirtieth day of June. If granted for a less time than a year, the state tax thereon shall be computed from the annual tax in proportion to such time as the license has to run.
Sec. 47. He shall complete and deliver to the sheriff or collecter daily, the list of licenses issued by him.
Sec. 48. He shall transmit to the auditor on or before the fif. teenth day of each month proper lists of all state licenses for which certificates may have been issued in his county for the preceding month; if he shall have ascertained that the state tax specified in any certificate was not paid, he shall note the fact on the proper list; the said list shall be verified by the affidavit of the clerk; if no certificate for license was issued during any month, he shall return that fact to the auditor, verified by his affidavit.
Sec. 54. Every sheriff and collector shall account for and pay into the treasury of the state, state taxes on state licenses at the following times:
The taxes assessed during the quarters ending March thirtyfirst, June thirtieth, September thirtieth and December thirtyfirst shall be accounted for and paid on the twentieth day of April, the twentieth day of July, the twentieth day of October and the twentieth day of January, respectively.
Sec. 67. Every person, company, firm or corporation, carrying on a brewery or distillery in this state, except a distillery for distilling solely apple and peach brandy from fruit grown exclusively in this state, shall not later than the last day of the license tax year in the year nineteen hundred and seven and in each year thereafter, make a report under oath to the auditor, and to the clerk of the county court of the county in which the distillery or brewery is situated, showing the annual productive capacity of such distillery or brewery. The aggregate annual tax each year for carrying on any such brewery or distillery shall be based in the first instance upon the annual productive capacity of such distillery or brewery, and shall be paid in full each year before such distillery or brewery is carried on after the last day of each license tax year.
Sec. 78. Every person, company, firm or corporation selling porter, ale, beer or drinks of like nature at wholesale, shall, not later than the last day of the liaanse tax year in the year one thousand nine hundred and seven and in each year thereafter, make a report to the auditor and to the clerk of the county court in which his place of business is situated, showing as nearly as may be the amount of his annual sales. The aggregate annual tax in each year on such license shall be based in the first instance upon the annual sales as estimated under this chapter, and shall be paid in full each year before any sales are made under such license after the last day of each license tax year.
Sec. 129. When application is made to the secretary of state for a certificate of incorporation, it shall be his duty to make the assessment and collect the license tax for the first year before issuing such certificate. If such certificate be issued after the last day of the third month of the license year, he shall assess one-tenth of the amount of the annual tax for each month, or fractional part of a month, to ensue before the first day of the next license tax year; but in no case shall the amount assessed and collected be less than five dollars for a resident corporation, nor less than ten dollars for a non-resident corporation.
Thereafter, on or before the first day of the license tax year next following the date of the certificate of incorporation, and on or before the first day of each succeeding license tax year, the auditor shall collect such tax for a full year; except that if the certificate of incorporation be issued on or after the first day of the second month preceding the beginning of the license tax year and before the first day of the ensuing license tax year, the secretary of state shall assess and collect the tax for the full year beginning on said first day of the license tax year in addition to the initial tax. The moneys so received by the secretary of state and the auditor shall be paid by them into the state treasury.
Sec. 130. Every foreign corporation holding property or doing business in this state shall make report to the auditor annually in the third month preceding the beginning of the license tax year, in which report shall be set out:
I. The name of such corporation, the name of the state or country by which incorporated, the date of incorporation, the date of the certificate of the secretary of state authorizing it to do business in this state, the place of its principal office, the names and postoffice addresses of its president, secretary, and of its officer, if any, charged with the duty of making returns of its property for taxation; and the name and post office address of its attorney of record in this state.
II. The number of shares of its authorized capital stock, and the par value of each share.
III. The value of the property owned and used by such corporation within this state, where situate, of what it consists and the number of acres of land it holds in this state; and the value of its property owned and used without this state; and,
IV. The proportion of its capital stock which is represented by property owned and used in the state of West Virginia; which re. port shall be verified by the affidavit of the president, secretary or other executive officer of such corporation. It shall be the duty of the auditor to assess and fix its license tax according to the proportion of its capital stock which is represented by its property owned and used in this state, according to the rates prescribed in section one hundred and twenty-six of this chapter, if the assessed values of its property located in this state amounts to five thousand dollars; but if the assessed value of such property be less than five thousand dollars, the assessment shall be according to the rates prescribed in section one hundred and twenty-eight of this chapter; provided, that no such corporation shall pay an annual license tax of less than one hundred dollars. The auditor may in any case require such additional information as he may deem necessary to enable him to assess and fix the just amount of license tax of such corporation, and it shall be his duty to notify every such corporation of the amount so assessed by him; and it shall be the duty of the corporation to pay the same into the treasury of the state within thirty days thereafter, and if it fail to do so it shall be liable to the penalties prescribed in sections one hundred and thirty-six and one hundred and thirty-seven of this chapter.
Sec. 131. Every foreign corporation at the time of its application for the certificate mentioned in section thirty of chapter fifty-four of the code, shall file with the secretary of state a report preliminary to the annual report hereinbefore provided for, which preliminary report shall contain sufficient information upon which to base an assessment of its license tax for the then current year. It shall be the duty of the secretary of state to make assessment of its license tax for the said year, and he may require such further information as he mar deem necessary for that purpose. Before is. suing such certificate the secretary of state shall collect the amount of license tax he finds to be proper for the license tax year ending with the thirtieth day of the last month of the license tax year. If the certificate be issued after the last day of the third month of the license tax year and before the first day of the ensuing license tax year, the secretary of state shall assess and collect such taxes at the rate of one tenth the amount of the annual license tax for each month or fractional part of a month to ensue before the said first day of the ensuing license tax year. Thereafter on or before the first day of the license tax year next following the date of the certificate of authority and on or before every succeeding first day of the license tax year, the auditor shall collect such tax for a full year; provided, that if the certificate be issued in either of the last two months.of the license tax year, the secretary of state shall assess and collect the license tax for said month, as well as for a full year beginning with the first day of the ensuing license tax year.