West Virginia Code § 11-14A-9

Credits against tax
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Every taxpayer subject to the road tax imposed in this article is entitled to a credit on the tax
equivalent to the amount of tax per gallon of gasoline or special fuel imposed by article
fourteen of this chapter on all gasoline or special fuel purchased by the taxpayer for fuel in
each motor carrier which it operates or causes to be operated within this state, and upon
which gasoline or special fuel the tax imposed by the laws of this state has beeen paid:
Provided, That the credit is not allowed for any gasoline or special fuel taxes for which any
taxpayer has applied or received a refund of gasoline or special fuel taxr under article
fourteen of this chapter: Provided, however, That effective January 1, 2004, every taxpayer
subject to said road tax is entitled to a credit against the tax equivalent to the amount of the
flat rate of tax per gallon of motor fuel imposed by article fourteen-c of this chapter on all
motor fuel purchased by the taxpayer and used as motor fuetl in motor carriers which it
operates or causes to be operated within this state, and upon which the motor fuel tax
imposed by the laws of this state has been paid: Provided further, That no credit is allowed
for any motor fuel taxes for which the taxpayer has applied or received a refund of motor
fuel tax under article fourteen-c of this chapter. Evidence of the payment of the tax in the
form as required by the commissioner shall be furnished by the taxpayer claiming the credit
allowed in this section. When the amount of the credit provided for in this section exceeds
the amount of the tax for which the taxpayer is liable in the same quarter, the excess, if less
than $20, shall be used as a credit on the tax for which the taxpayer would be otherwise
liable for any of the eight succeeding quarters: And provided further, That if the taxpayer
has ceased to do business in theis state under either this article or article fourteen-b of this
chapter, the amount of the credit shall be refunded in accordance with section eleven of this
article: And provided fuLrther, That if the amount of the credit provided in this section
exceeds by $20 or more the amount of the tax for which the taxpayer is liable in the same
quarter, the entire am ount, upon the written request by the taxpayer, shall be allowed as a
credit on the Vtax for which the taxpayer would otherwise be liable for any of the succeeding
eight quarters: And provided further, That any credit not used within the eight succeeding
quarters after the credit is established shall be forfeited.

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