West Virginia Code 11-11-6 – Tax on transfer of estate of aliens
(a) Imposition of tax. — A tax in the amount computed as provided in this section is imposed on the transfer of the taxable estate located in West Virginia of every alien. Taxable transfers include:
Terms Used In West Virginia Code 11-11-6
- alien: means a decedent who, at the time of his or her death, was not domiciled in this state or any other state of the United States and was not a citizen of the United States. See West Virginia Code 11-11-2
- Decedent: A deceased person.
- federal credit: means the maximum amount of the credit for state death taxes allowable by Section 2011, credit against federal estate tax (or Section 2102 in the case of an alien) and Section 2602, credit against the federal tax on generation-skipping transfers of the United States Internal Revenue Code of 1954, as amended or renumbered, or in successor provisions of the laws of the United States, in respect to a decedent'. See West Virginia Code 11-11-2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
- state: means any state, territory or possession of the United States and the District of Columbia. See West Virginia Code 11-11-2
- tax: means the tax imposed by this article, and includes any additions to tax, penalties and interest imposed by this article or article ten of this chapter. See West Virginia Code 11-11-2
- taxable estate: means the taxable estate of the decedent as defined in Section 2051 (or Section 2106 in the case of an alien) of the United States Internal Revenue Code of 1954, as amended or renumbered, or in successor provisions of the laws of the United States. See West Virginia Code 11-11-2
- this state: means the State of West Virginia. See West Virginia Code 11-11-2
- transfer: means "transfer" as defined in Sections 2001, 2101, 2601 of the United States Internal Revenue Code of 1954, as amended or renumbered, or in successor provisions of the laws of the United States. See West Virginia Code 11-11-2
- United States: when used in a geographical sense, includes only the fifty states and the District of Columbia. See West Virginia Code 11-11-2
- value: means the value of property, the value of the gross estate or the value of the taxable estate as finally determined for federal estate tax purposes under the laws of the United States relating to federal estate taxes. See West Virginia Code 11-11-2
(1) Real property situated in this state;
(2) Tangible personal property having an actual situs in this state; and
(3) Intangible personal property physically present within this state of every decedent who, at the time of his or her death, was not a citizen of the United States.
(b) Amount of tax. — The tax shall be an amount computed by multiplying the federal credit by a fraction, the numerator of which shall be the value of that part of the gross estate over which this state has jurisdiction for estate tax purposes. The denominator shall be the value of the decedent's gross, wherever situate, that is taxable by the United States.
(c) Stock of West Virginia corporations. — For purposes of this section, stock in a corporation organized under the laws of this state shall be deemed to be physically present within this state.