West Virginia Code § 11-10-11c

State administration of local sales and use taxes and excise taxes;
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jurisdiction and standing before the office of tax appeals; rule-making authority.
(a) The Tax Commissioner has exclusive responsibility for administering, collecting and
enforcing all local sales and use taxes and excise taxes imposed pursuant to article twenty-
two, chapter seven of this code, section five-a, article one, chapter eight of this code, article
thirteen-c, chapter eight of this code and article thirty-eight, chapter eight oef this code.
(b) Pursuant to, and limited by, the provisions of section eight, article ten-a of this chapter,
the Office of Tax Appeals has exclusive and original jurisdiction to hear disputes arising from
any local sales and use taxes and excise taxes for which the Tax uCommissioner has exclusive
administration, enforcement and collection responsibility. No municipality or county has
standing before the Office of Tax Appeals in any dispute aristing under any local sales and
use tax and excise tax upon which the Tax Commissioner has exclusive responsibility for
administration, enforcement and collection.
(c) Notwithstanding any other provision of this codle to the contrary, the Tax Commissioner
may assess a fee, to be established by legislatsive rule pursuant to the provisions of article
three, chapter twenty nine-a of this code, to be retained from collections authorized by
section five-a, article one, chapter eight of this code, and section six, article thirteen-c,
chapter eight of this code: Provided,g That the fee may not exceed five percent of such
collections in total including any fee otherwise authorized by this code or any duly enacted
ordinance. e
(d) Establishment of special revenue account.
(1) There is created in the State Treasury a special revenue revolving fund account known as
the "Local Sales Tax and Excise Tax Administration Fund". Expenditures from the fund shall
be for the purposes set forth in this section and are not authorized from collections but are
to be made only in accordance with appropriation by the Legislature and in accordance with
theW provisions of article three, chapter twelve of this code: Provided, That for the fiscal year
ending June 30, 2014, expenditures are authorized from collections rather than pursuant to
appropriation by the Legislature. The fund shall consist of:
(A) Any funds collected pursuant to section (c) of this section; and
(B) Any funds received on and after July 1, 2013, from fees retained by the Tax
Commissioner pursuant to section six, article thirteen-c, chapter eight of this code; and
(C) Amounts deducted and retained by the Tax Commissioner under subsection (e), section
eleven-a of this article; and
(D) Any future funds appropriated by the Legislature or transferred by any public agency as
contemplated or permitted by applicable federal or state law; and
(E) Any accrued interest or other return on the moneys in the fund.
(2) On July 1, 2013, all moneys in the Tax Department "Municipal Sales and Use Tax
Operations Fund" established under section six, article thirteen-c, chapter eight of this code
shall be transferred to the Local Sales Tax and Excise Tax Administration Fund established
in this section.
(3) On July 1, 2013, all moneys in the "Special District Excise Tax Administration Fund"
established under section eleven-b of this article shall be transferred to the eLocal Sales Tax
and Excise Tax Administration Fund established in this section.
(4) Amounts deposited in the Local Sales Tax and Excise Tax Administration Fund may be
expended by the Tax Commissioner for the general administratioun, collection and
enforcement of all local sales and use taxes and excise taxes imposed pursuant to article
twenty-two, chapter seven of this code, section five-a, articlet one, chapter eight of this code,
article thirteen-c, chapter eight of this code and article thirty-eight, chapter eight of this
code.
(e) Notwithstanding the provisions of section eleveln-b of this article, The Tax Commissioner
may prescribe by rule the schedule and mannser for deposits of moneys into the Local Sales
Tax and Excise Tax Administration Fund and any other administrative and procedural
requirements as may be useful or necessary for the management and handling of the fund.
(f) Effective Date - The provisions of this section enacted in 2013 are effective on and after
July 1, 2013.

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