West Virginia Code § 11-14C-30

Refund of taxes erroneously collected, etc.; refund for gallonage
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exported or lost through casualty or evaporation; change of rate; petition for
refund.
(a) The commissioner is hereby authorized to refund from the funds collected under the
provisions of this article any tax, interest, additions to tax or penalties which have been
erroneously collected from any person. e
(b) Any supplier, distributor, producer, retail dealer, exporter or importer, while the owner
of motor fuel in this state, that loses any invoiced gallons of motor fuel through fire,
lightning, breakage, flood or other casualty, which gallons havinug been previously included
in the tax by or for that person, may claim a refund of a sum equal to the amount of any and
all taxes levied by section five of this article paid upon the intvoiced gallons lost.
(c) Any dealer as defined in §47-11C-2 of this code, and any bulk plant in this state that
purchases or receives motor fuel in this state upon which the tax levied by section five of this
article has been paid, is entitled to an annual refunld of any and all taxes levied by section
five of this article for invoiced gallons lost thrsough evaporation: Provided, That only the
owner of the bulk plant that is also the owner of the fuel in the bulk plant may claim this
refund for invoiced gallons lost through evaporation. The refund is computed at the rate of
tax levied per gallon under this articgle on all invoiced gallons of motor fuel actually lost due
to evaporation, not exceeding one percent of the adjusted total accountable gallons,
computed as determined by thee Commissioner.
(d) Every supplier, distributor or producer, retail dealer, exporter or importer is entitled to a
refund of the rate of the tax levied by section five of this article from this state of the amount
resulting from a change of rate decreasing the tax under the provisions of this article on
motor fuel on hand and in inventory on the effective date of the rate change, which motor
fuel has been included in any previous computation by which the tax levied by this article
has been paid.

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