West Virginia Code § 11-10C-4

Monthly determination of increased revenue attributable to automated
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tax administration system; monthly report; deposit of moneys; creation and
operation of automated tax administration system development fund; annual report.
(a) Revenue increment, fund created, operation of fund. --
(1) The Tax Commissioner shall determine monthly the total amount of increased revenue
attributable to the successful implementation of the automated tax administration system
under this article and the amount shall be paid into the State Treasury and deposited to the
credit of a special fund known as the "Automated Tax Administration System Development
Fund" which is hereby created. The Tax Commissioner is authoriuzed to use moneys
deposited in the automated tax administration system development fund to pay vendors of
hardware, software or services pursuant to the terms of conttracts created in accordance
with this article. All moneys in excess of that required to be paid to the vendors, as
determined by the Tax Commissioner, shall be transferred to the General Fund: Provided,
That all moneys in excess of $750,000 remaining in the fund at the end of each fiscal year
shall be transferred to the General Fund.
(2) The total monthly amount of increased revenue attributable to the successful
implementation of the automated tax administration system as determined by the Tax
Commissioner and the basis for the gdetermination shall be reported to the Joint Committee
on Government and Finance within ten days following the determination.
(b) Treatment of local moneys. -–
(1) The amount of the local moneys derived from any tax imposed under this code which is
directed or dedicated to local or municipal subdivisions shall not be deposited in the
automated tax administration system development fund, but shall be paid undiminished,
including any increase resulting from implementation of the automated tax administration
system, to the local or municipal subdivision to which it is directed or dedicated by law.
LocWal or municipal moneys shall be deposited, as directed by law, in those funds designated
for orderly distribution of revenues to local or municipal subdivisions.
(2) For purposes of this section, the total amount of increased revenue attributable to the
successful implementation of an automated tax administration system for purposes of
determining the amount to be deposited in the automated tax administration system
development fund and the amount of any benefits-funded payments to vendors under this
article shall be determined after subtraction of any tax revenues payable to a local or
municipal subdivision under this code.
(c) Reports. -- Prior to January 15, of each year, the Tax Commissioner shall submit a report
to the Governor, the President of the Senate and the Speaker of the House of Delegates. The
report shall include detailed information on the costs and benefits of implementing the
automated tax administration system pursuant to this article during the fiscal year
immediately preceding the submission of the report. The report shall be made until two
complete fiscal years have elapsed following payment in full for the acquisition of the
automated tax administration system by the Tax Commissioner.
(d) Other contracts and purchases not prohibited or hindered. -- This article shall not be
construed to prohibit or hinder the Tax Commissioner from acquiring any goods or services
for any Tax Division function or program not specifically included in any contract entered
into pursuant to this article. e

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