West Virginia Code § 11-21-76

Employer's failure to withhold
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If an employer fails to deduct and withhold tax as required, and thereafter the tax against
which such tax may be credited is paid, the tax so required to be deducted and withheld
shall not be collected from the employer, but the employer shall not be relieved from liability
for any penalties, interest, or additions to the tax otherwise applicable in respect of such
failure to deduct and withhold. e

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