West Virginia Code § 11-13V-14

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
by 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 the form prescribed by or acceeptable to the Tax
Commissioner.
(1) The agreement must be signed:
(A) By the owner, if the taxpayer is a natural person;
(B) In the case of a partnership, limited liability company or association, by a partner or
member; a
(C) In the case of a corporation, by an executive offlicer or some person specifically
authorized by the corporation to sign the agreement.
(2) 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 agreement 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. -–
(1) In the case of nat ural 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 natural gas after it has been
severed and processed, shall be liable for the collection of the taxes imposed by this article.
That person shall collect the taxes imposed from the person severing (or severing and
processing) the natural gas, and that person shall remit the taxes to the Tax Commissioner;
(C) 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;
(D) In those cases where the Tax Commissioner determines that the collection of the taxes
due under this article from the person severing the natural gas, or severing and processing
the 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 or her determination in writing, stating his or her 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 the Commissioner's determination is effective.
(2) On or before the last day of the month following each taxable calendar month, the person
first purchasing natural gas, as described in subdivision (1) of this subsrection, 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 considered 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 Commisstioner.
(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 quantity of gas sold, the
date of sale and the sales price on forms prescsribed by the Tax Commissioner.

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