Background Checks
Guidelines for criminal background checks: Department of Justice guidelines and MHI sample fair housing policies.
HUD Guidance on Criminal Background Checks
MHI Sample Fair Housing Policies
State Tax Department interpretation of levying municipal sales and use taxes and add-ons on manufactured housing and modular sales within towns and outside
Sales of mobile homes, manufactured homes and modular homes are not subject to municipal sales and use taxes, according to Tax Commissioner Dale Steager in a statement to the WVHI convention June 12, 2018.
However, sales of add-ons, such as appliances, furniture, etc. are subject to municipal sales and use taxes when the sale is sourced to a location that imposes a municipal sales and use tax.
He was asked whether Nitro’s sales tax applies when a retail dealer of manufactured housing located in Nitro sells a home.
The sales tax sourcing rules are set forth in W. Va. Code § 11-15B-14, 14a and 15. In my response, I mentioned TSD-434, copy attached
, which discusses the sourcing rules.
In general, the transaction is sourced to the location where the tangible personal property is delivered, or taxable service is render, to the customer.
However, sales of mobile homes, manufactured homes and modular homes are not subject to municipal sales and use taxes. W. Va. Code § 11-15B-34(b). Sales of add-ons, such as appliances, furniture, etc. are subject to municipal sales and use taxes when the sale is sourced to a location that imposes a municipal sales and use tax.
Comprehensive review of Division of Labor MH program and procedure 2018
Overall sales tax guidance delivered to 2018 WVHI conference
Material related to recovering equipment costs from departed employees
Letter from Pullin, Fowler, Flanagan, Brown & Poe Re: Employer Provided Property
Company Property Return Cover letter
Company Property Receipt Form
Private home sales taxation
WVHI has always considered an occasional sale by a non-business to be exempt from sales tax. Below is a quote from a tax department informational flyer with its internet link.
Isolated Transactions - Sales of tangible personal property or taxable services by persons who are not in the business of making such sales, such as an individual selling his personal belongings or a law office selling its used furniture, are exempt from sales tax. Sales of tangible personal property may be made at yard sales without collecting sales tax provided such sales are held no more than 4 times per year and last no longer than 48 hours each. Persons who regularly and routinely sell goods at yard sales, flea markets or along the roadside are engaged in the business of selling. They must register with the State Tax Department and collect sales tax on such sales. Persons who are not engaged in the business of providing taxable services may also qualify for this exemption. For example, teenagers who occasionally mow lawns, baby sit or do odd jobs for their neighbors may be able to claim this exemption.
Click here for full article on prrivate home sales taxation.
New DMV procedures for retitling homes where the title is lost or gone
Lease 1 (communities)
Lease 2 (communities)
Law in 2017 that allows for retitling of manufactured housing
West Virginia sales tax calculations on manufactured home sales
Briefly: HUD statement on frost-free foundations
HUD guidance on application of Fair Housing Standards Act to the use of criminal records
Fire Marshal requirements for manufactured housing separation
Texas Bank wins decision to allow it to sue over the Consumer Finance Protection Bureau in Dodd-Frank Act
2012 Department of Health rules concerning manufactured housing parks
WEST VIRGINIA CODE
CHAPTER 21. LABOR.
ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.
This form, which should be used in modular sales, provides certain protections for the sellers in case a defect is found in the modular home, but only if the form is used in the transaction.
West Virginia’s state-sanction alternative dispute resolution program
West Virginia law on security deposits
Two important industry legal wins
New changes in oversize hauling permit in West Virginia
Sales tax rate on a repossessed manufactured home for resale
Corporate sponsorships likely are tax deductible
Follow this link to a simple guidance book on how retail center staff may deal with the federal Dodd-Frank Act.
Manufactured housing tax assessments:
§11-5-11. Mobile homes used by the owner for residential purposes and located on land not owned by the mobile homeowner.
Mobile homes used and occupied by the owner thereof exclusively for residential purposes and located on land not owned by the owner of the mobile home shall be assessed on the personal property books as Class II property.
§11-5-12. Mobile homes situate upon property owned by a person other than owner of mobile home.
Mobile homes situate upon property owned by a person other than the owner of the mobile home shall be classified as personal property whether or not said mobile home is permanently affixed to the real estate and, unless subject to assessment as Class II property under section eleven of this article or section two, article four of this chapter, shall be assessed as Class III or Class IV personal property, as may be appropriate in the circumstances.
A mobile home permanently attached to the real estate of the owner may not be classified as personal property if the owner has filed a canceled certificate of title with the clerk of the county commission and has recorded it in the same manner as deeds are recorded and indexed.
Fire protection the Legislature required in 2013 for floors in modular dwellings to avoid having to install sprinklers.
This applies only to the nine of 55 counties that have adopted the statewide building code. Those counties are:
Berkeley, Fayette, Greenbrier, Hampshire, Harrison, Jefferson, McDowell, Randolph, Raleigh,
Randolph, east-central
Berkeley, Jefferson, Hampshire in the Eastern Panhandle
Fayette, Greenbrier, Raleigh in the south and southeast
Harrison in the north
McDowell, the southernmost county
Randolph, east-central
The Division of Motor Vehicles had established a website to deal with manufactured housing issues of titling, transporting and conversion of homes to real property
State law concerning closing a manufactured housing community
State Tax Department interpretation of tax liability on the sale of a manufactured home in a rental community
2011 state law requiring lawsuits be filed first with the state board
Tax trade-ins
Tenancy time requirements for factory-built housing
DOL interpretations and determinations
Difference between and independent contractor and an employee
Flood-damaged homes
DOL interpretations and determinations
The state regulatory board’s position concerning what is required when a manufacturer wants to be involved in the installation or setup of a manufactured housing or a modular dwelling in West Virginia.
Manufactured Installation HUD Code Homes
Manufactured Installation Modular Homes
New state regulations announced involving blanket trip permit.
Mobile home permit changes
Application for mobile home blanket permit
Red Flag Policy Effective May 1, 2009
Manufactured Housing Act 2009
Manufactured housing rules, 2009
Tax rate on the sale of modular homes.
www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=11&art=22
Below are the permitting requirements and restrictions for hauling homes on West Virginia roads
Load Permit Requirements, 2009
Law banning discrimination of manufactured housing in counties and cities
Anti Discrimination Specific Code Section
Landlord-tenant rights law for manufactured housing
Landlord-tenant rights law for manufactured housing
Remedies for wrongful occupation of factory-built housing in West Virginia
Wrongful occupation remedies of factory-built housing law
The West Virginia sales tax guideline on the installation of factory-built homes
Guideline of installation of factory-built homes
West Virginia titling requirements for manufactured housing
Titling Code Provisions
Sales tax on factory-built homes and form
Sales tax on factory-built homes and form
The SAFE ACT mortgage loan licensing exemption adopted in West Virginia in 2009
SAFE Act exemption in WestVirginia
Public Service Commission rules require individual water meters in manufactured housing parks
Community rules PSC individual water taps
FEMA P-85 2nd edition” Protecting Manufactured Homes from Floods and other Hazards
www.fema.gov/library/viewRecord.do?id=1577
WV Flood Hazard Determination Tool
www.mapwv.gov/flood/
West Virginia regulation of homes damaged in flooding
Regulation of homes damaged in flooding
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