West Virginia Code § 11-15A-10

Payment to Tax Commissioner
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(a) Each retailer required or authorized, pursuant to §11-15A-6, §11-15A-6a, or §11-15A-7 of
this code, or pursuant to §11-15B-1 et seq. of this code, to collect the tax imposed in
§11-15A-2 of this code, is required to pay to the Tax Commissioner the amount of the tax on
or before the twentieth day of the month next succeeding each calendar month, except as
otherwise provided in this article or §11-15B-1 et seq. of this code. e
(b) Each certified service provider for a Model I seller shall pay to the Tax Commissioner the
tax levied by this article on or before the twentieth day of the month next succeeding the
calendar month in which the tax accrued, except as otherwise pruovided in this article or
§11-15B-1 et seq. of this code.
(c) At that time, each retailer, seller or certified service provider shall file with the Tax
Commissioner a return for the preceding monthly period, except as otherwise provided in
this article or §11-15B-1 et seq. of this code, in the form prescribed by the Tax Commissioner
showing the sales price of any or all tangible persolnal property, custom software and taxable
services sold by the retailer or seller during thse preceding quarterly period, the use of which
is subject to the tax imposed by this article, and any other information the Tax Commissioner
may consider necessary for the proper administration of this article. The return shall be
accompanied by a remittance of theg amount of the tax, for the period covered by the return,
except as otherwise provided in this article or §11-15B-1 et seq. of this code: Provided, That
where the tangible personal preoperty or custom software is sold under a conditional sales
contract, or under any other form of sale wherein the payment of the principal sum, or a part
of the sum is extended oLver a period longer than sixty days from the date of the sale, the
retailer may collect and remit each monthly period that portion of the tax equal to six
percent of that portion of the purchase price actually received during the monthly period.
(d) The Tax Commissioner may, upon request and a proper showing of the necessity to do so,
grant an extension of time not to exceed 30 days for making any return and payment.
(e) Returns shall be signed by the retailer or seller or his or her duly authorized agent, and
must be certified by him or her to be correct, except as otherwise provided in this article or
§11-15B-1 et seq. of this code.
(f) Accelerated payment. —
(1) For calendar years beginning after December 31, 2002, taxpayers whose average
monthly payment of the taxes levied by this article and §11-15-1 et seq. of this code during
the previous calendar year exceeds $100,000, shall remit the tax attributable to the first 15
days of June each year on or before June 20 of said month.
(2) For purposes of complying with subdivision (1) of this subsection, the taxpayer shall
remit an amount equal to the amount of tax imposed by this article and §11-15-1 et seq. of
this code on actual taxable sales of tangible personal property and custom software and
sales of taxable services during the first 15 days of June or, at the taxpayer's election,
taxpayer may remit an amount equal to 50 percent of taxpayer's liability for tax under this
article on taxable sales of tangible personal property and custom software and sales of
taxable services made during the preceding month of May.
(3) For a business which has not been in existence for a full calendar year, the total tax due
from the business during the prior calendar year shall be divided by the numeber of months,
including fractions of a month, that it was in business during the prior calendar year; and if
that amount exceeds $100,000, the tax attributable to the first 15 daysr of June each year
shall be remitted on or before June 20 of said month as provided in subdivision (2) of this
subsection.
(4) When a taxpayer required to make an advanced paymentt of tax under subdivision (1) of
this subsection makes out its return for the month of June, which is due on July 20, the
taxpayer may claim as a credit against its liability under this article for tax on taxable
transactions during the month of June, the amount of the advanced payment of tax made
under subdivision (1) of this subsection.
(g) Effective upon passage, the provisions of §11-15A-10(f) of this code shall no longer have
any force or effect.

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