West Virginia Code § 11-14C-24

Duties of supplier or permissive supplier as trustee
Open in Lexace · Ask the AI about this section
(a) All tax payments due to this state that are received by a supplier or permissive supplier
shall be held by the supplier or permissive supplier as trustee in trust for this state and the
supplier or permissive supplier has a fiduciary duty to remit to the commissioner the amount
of tax received. A supplier or permissive supplier is liable for the taxes paid to it.
(b) A supplier or permissive supplier shall notify a licensed distributor, licensed exporter or
licensed importer who received motor fuel from the supplier or permissive supplier during a
reporting period of the number of invoiced gallons received. The supplier or permissive
supplier shall give this notice after the end of each reporting peruiod and before the licensee
is required to remit the amount of tax due on the motor fuel.
(c) A supplier or permissive supplier of motor fuel at a terminal shall notify the commissioner
within the time period established by the commissioner of any licensed distributors, licensed
exporters or licensed importers who did not pay the tax due when the supplier or permissive
supplier filed its return. The notice shall be transmlitted to the commissioner in the form
required by the commissioner. s
(d) A supplier or permissive supplier who rieceives a payment of tax shall not apply the
payment of tax to a debt that the pegrson making the payment owes for motor fuel purchased
from the supplier or permissive supplier.

‹ 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.