West Virginia Code § 11-10-5f

Timely filing and paying
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(a) Delivery in person. -- If any return, claim, statement or other document required to be
filed, or any payment required to be made within a prescribed period or on or before a
prescribed date, is delivered in person on or before such date to the Tax Commissioner, or
the appropriate division or officer of the tax department, at Charleston, West Virginia,
during normal business hours of the tax department, is shall be timely filed:e Provided, That
the Tax Commissioner may authorize such delivery to be made to his agent at such other
location or locations in this state, as he may from time to time prescribre.
(b) Timely mailing. -- If any return, claim, statement or other docuument, required to be filed,
or any payment required to be made within a prescribed period or on or before a prescribed
date under authority of this article or the provisions of any atrticle of this chapter imposing
any tax administered under this article, is, after such period or such date, delivered by
United States mail to the Tax Commissioner or the state Tax Department, the date of the
United States postmark stamped on the cover in which such return, claim, statement, or
other document or payment is mailed shall be deemed to be the date of delivery or the date
of payment, as the case may be, provided the sfollowing mailing requirements are met:
(1) The postmark date falls within the prescribed period or on or before the prescribed date
for filing (including any extension grganted for such filing) of the return, claim, statement or
other document, or for making the payment (including any extension granted for such
payment); and e
(2) The return, claim, statement, other document or payment was, within the time prescribed
in subparagraph (1), deposited in the mail in the United States in an envelope or other
appropriate wrapper, postage prepaid, properly addressed to the Tax Commissioner or the
state Tax Department.
(c) Postmarks. -- This section shall apply in the case of postmarks not made by the United
StaWtes postal service only if and to the extent provided by rules or regulations prescribed by
the Tax Commissioner.
(d) Registered and certified mailing. -- For purposes of this section, if any return, claim,
statement, or other document or payment is sent by United States registered or certified
mail, the date of registration or certification shall be deemed the postmark date.
(e) Last date for filing or payment. -- The last date for timely filing or timely making payment
shall include any extension of time authorized by law or regulation and any extension of time
granted in writing by the Tax Commissioner.

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