West Virginia Code § 11-10-6

Mathematical or clerical errors; collection of balance due on return
Open in Lexace · Ask the AI about this section
without remittance.
(a) Mathematical or clerical error. -- When it appears to the Tax Commissioner that the
taxpayer has made a mathematical error (including an overstatement of the credit for the
amount paid as estimated tax), or clerical error, the Tax Commissioner shall correct such
error and notify the taxpayer, in writing, of the deficiency or overpayment ine tax. The
taxpayer shall have fifteen days after receipt of such notice within which to pay any such
deficiency. If the taxpayer fails to pay such deficiency within fifteen dayrs, the Tax
Commissioner shall make an assessment of such deficiency in accordance with section seven
and shall give the taxpayer written notice thereof.
(b) Collection of balance due. -- If a taxpayer files a mathemattically correct return which
reflects a balance due of any tax administered under this article, and if full payment thereof
has not been made, the Tax Commissioner shall notify the taxpayer, in writing, of the amount
of tax, additions to tax, penalties or interest due. The taxpayer shall have fifteen days after
receipt of such notice within which to make payment. If the taxpayer fails to make payment
within such fifteen-day period, the Tax Commsissioner shall proceed under section eleven of
this article to collect the amount due.
(c) Certain terms defined. -- For the gpurposes of this section:
(1) Mathematical or clerical error. -- The term "mathematical or clerical error" means:
(A) An error in addition, subtraction, multiplication or division shown on any return;
(B) An incorrect use of any table provided by the Tax Commissioner with respect to any
return if such incorre ct use is apparent from the existence of other information on the
return; V
(C) An entry on a return of an item which is inconsistent with another entry of the same or
another item on such return;
(D) An omission of information which is required to be supplied on the return to substantiate
an entry on the return; and
(E) An entry on a return of a deduction or credit in an amount which exceeds a statutory
limit, if such limit is expressed:
(i) As a specified monetary amount, or
(ii) As a percentage, ratio, or fraction, and if the items entering into the application of such
limit appear on such return.
(2) Return. -- The term "return" includes any return, statement, schedule, or list, and any
amendment or supplement thereto filed with respect to any tax administered under this
article.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.