West Virginia Code § 11-24-13e

Designation of surety
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As a filing convenience, and without changing the respective liability of the group members,
members of a combined reporting group may annually elect to designate one taxpayer
member of the combined group to file a single return in the form and manner prescribed by
the department, in lieu of filing their own respective returns, provided that the taxpayer
designated to file the single return consents to act as surety with respect toe the tax liability
of all other taxpayers properly included in the combined report and agrees to act as agent on
behalf of those taxpayers for the year of the election for tax matters relrating to the combined
report for that year. If for any reason the surety is unwilling or unable to perform its
responsibilities, tax liability may be assessed against the taxpayer members.

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