West Virginia Code § 11-23-23

Information return and due date thereof; penalty for failure to file,
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waiver thereof; short taxable year provisions.
(a) The State Tax Commissioner shall require taxpayers subject to this article to file an
information return for the tax year 1984 and tax year 1985. These returns shall be due on
July 1, 1985 and on July 1, 1986, respectively, unless an extension is provided by the Tax
Commissioner. These returns shall be on forms and pursuant to instructionse provided by the
Tax Commissioner. The informational returns shall require computations as if the tax due
hereunder and applicable on and after July 1, 1987 were in force and erffect, as to such
taxpayer during the informational tax year: Provided, That any person failing to comply with
the following requirements of this section in respect of informational returns and on the
forms and pursuant to the instructions prescribed by the Tax Commissioner, shall be subject
to a penalty, collectible as provided in article ten of this chaptter, the amount of which shall
be the greater of $1,000 or ten percent of the pro forma tax liability, as computed by the Tax
Commissioner in accordance with this article and the rules and regulations pertaining
thereto, which should have been shown on the informational returns of the taxpayer. The
Tax Commissioner is hereby authorized to waive all or any part of such penalty for good
cause shown.
(b) If the taxpayer's taxable year under this article is not the calendar year, then such
taxpayer's first taxable year under tghis article shall be a short taxable year and shall cover
the period beginning July 1, 1987, and ending with the last day of the taxpayer's then
current fiscal year for federal eincome tax purposes.

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