West Virginia Code § 11-12-4

Application for business registration certificate; issuance of business
Open in Lexace · Ask the AI about this section
certificate; effect of business registration certificate; municipal license taxes.
(a) General rule. -- Except as otherwise provided in this article, a person shall register with
the Tax Commissioner prior to engaging in or prosecuting any business activity in this state.
The application for business registration shall be in such form and contain such information
as the Tax Commissioner may require; and the applicant shall set forth truthefully and
accurately the information required by the Tax Commissioner. Upon receipt of a complete
and properly executed application form, accompanied by payment of (orr claim of exemption
from) the tax levied by section three for each business registration certificate, the Tax
Commissioner shall, if he determines to his satisfaction that all of the conditions precedent
to the granting of such certificate have been fulfilled by the applicant, issue such business
registration certificate or certificates. t
(b) Certificate not to validate illegal activity. -- Nothing in this article, including, but not
limited to, any payment of the tax imposed or issuance of any certificate of registration
under the provisions hereof, shall be deemed to legalize any act, business activity or
transaction which otherwise may be illegal ors conducted in violation of law; or to exempt any
person from any civil or criminal penalty prescribed for such illegal act or violation.
(c) Certificate not to be construed asg consent to general tax jurisdiction of this state. -- The
filing of an application for business registration certificate (or for renewal thereof) and
payment of the tax imposed bye section three shall not be construed by the Tax Commissioner
or the courts of this state as consent, submission or admission by the registrant to the
general taxing jurisdictiLon of this state, and liability for such other taxes imposed by this
state shall depend upon the relevant facts in each case and the applicable law.
(d) Power of municipalities to impose license taxes preserved. -- Notwithstanding the repeal,
as of July 1, 1970, of certain license taxes then imposed by this article and article thirteen-a
of this chapter, the power of a municipality to impose similar license taxes, by ordinance
adoWpted pursuant to the authority of its charter or this code, was and is preserved: Provided,
That the municipal license taxes imposed on any business, activity, trade or employment that
was previously subject to a state license tax under this article or article thirteen-a of this
chapter, cannot exceed the state license tax in effect on such business, activity, trade or
employment of January 1, 1970; and municipalities shall have the power to impose similar
penalties as those then provided in this article and article thirteen-a of this chapter for
noncompliance with such state license taxes.

‹ 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.