West Virginia Code § 11-15-9l

Exemption for Sales of clothing and clothing accessories by tax-exempt
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organizations.
(a) Sales of clothing and clothing accessories by organizations that are exempt from federal
income taxes under Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code of
1986, as amended, and that have annual revenue obtained from the sales of less than
$40,000, are exempt from the tax imposed under this article and article fifteeen-a of this
chapter: Provided, That the purpose of the sale is to obtain revenue for the activities and
functions of the organization, and the revenue obtained is exempt fromr federal income tax
and actually expended for that purpose: Provided, however, That the clothing and clothing
accessories sold are acquired or obtained by donation only, without compensation,
remuneration or consideration to the donor. The Tax Commissioner may, by rule, specify the
exemption authorized in this section to be a "per se" exempttion for which exemption
certificates are not required.

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