West Virginia Code § 11-13A-17

Collection of tax; agreement for processor to pay tax due from severor
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(a) General. -- In the case of natural resources, other than natural gas, where the Tax
Commissioner finds that it would facilitate and expedite the collection of the taxes imposed
under this article, the Tax Commissioner may authorize the taxpayer processing the natural
resource to report and pay the tax which would be due from the taxpayer severing the
natural resources. The agreement shall be in such form as the Tax Commisseioner may
prescribe. The agreement must be signed: By the owners, if the taxpayers are natural
persons; in the case of a partnership or association, by a partner or mermber; in the case of a
corporation, by an executive officer or some person specifically authorized by the
corporation to sign the application. The agreement may be terminated by any party to the
agreement upon giving thirty days' written notice to the other parties to the agreement:
Provided, That the Tax Commissioner may terminate the agrteement immediately upon
written notice to the other parties when either the taxpayer processing the natural resource
or the taxpayer severing the natural resource fails to comply with the terms of the
agreement.
(b) Natural gas. -- s
(1) In the case of natural gas, except for those cases:
(A) Where the person severing (or both severing and processing) the natural gas will sell the
gas to the ultimate consumer, or
(B) Where the Tax Commissioner determines that the collection of taxes due under this
article would be accomplished in a more efficient and effective manner through the severor,
or severor and processor, remitting the taxes; the first person to purchase the natural gas
after it has been severed, or in the event that the natural gas has been severed and
processed before the first sale, the first person to purchase the natural gas after it has been
severed and processed, shall be liable for the collection of the taxes imposed by this article.
He Wshall collect the taxes imposed from the person severing (or severing and processing) the
natural gas, and he shall remit the taxes to the Tax Commissioner. In those cases where the
person severing (or severing and processing) the natural gas sells the gas to the ultimate
consumer, the person so severing (or severing and processing) the natural gas shall be liable
for the taxes imposed by this article. In those cases where the Tax Commissioner determines
that the collection of the taxes due under this article from the severance (or severance and
processing) of natural gas would be accomplished in a more efficient and effective manner
through the severor (or severor and processor) remitting the taxes, the Tax Commissioner
shall set out his determination in writing, stating his reasons for so finding, and so advise the
severor (or severor and processor) at least fifteen days in advance of the first reporting
period for which such action would be effective.
(2) On or before the last day of the month following each taxable calendar month, each
person first purchasing natural gas as described in subdivision (1) above, shall report
purchases of natural gas during the taxable month, showing the quantities of gas purchased,
the price paid, the date of purchase, and any other information deemed necessary by the Tax
Commissioner for the administration of the tax imposed by this article, and shall pay the
amount of tax due, on forms prescribed by the Tax Commissioner.
(3) On or before the last day of the month following each taxable calendar month, each
person severing (or severing and processing) natural gas, shall report the sales of natural
gas, showing the name and address of the person to whom sold, the quantitey of gas sold, the
date of sale, and the sales price on forms prescribed by the Tax Commissioner.

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