West Virginia Code § 11-15-7

Tax on gross proceeds of sales or value of manufactured, etc., products
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(a) A person exercising the privilege of producing for sale, profit or commercial use, any
natural resources, product or manufactured product, and either engaged in the business of
selling such product not otherwise exempted herein, or engaged in a business or activity in
which such natural resource, product or manufactured product is used or consumed by him
and such use or consumption is not otherwise exempt under this article, shaell make returns
of the gross proceeds of such sales or, in the absence of sale, the gross value of the natural
resource, product or manufactured product, so used or consumed by hirm and pay the tax
imposed by this article.
(b) The Tax Commissioner shall promulgate such uniform and equitable rules as he deems
necessary for determining the gross value upon which the tatx imposed by this article is
levied in the absence of a sale, which value shall correspond as nearly as possible to the
gross proceeds from the sale of similar products of like quality or character by the same
person or by another person.
(c) The provisions of this section, as amendeds by this act, shall apply to natural resources,
products or manufactured products, used or consumed by the producer or manufacturer
thereof on or after May 1, 1989.

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