West Virginia Code § 22-3-11a

Special reclamation tax; clarification of imposition of tax; procedures for
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collection and administration of tax; application of Tax Procedure and
Administration Act and Tax Crimes and Penalties Act.
(a) It is the intent of the Legislature to clarify that from the date of its enactment, the special
reclamation tax imposed pursuant to the provisions of section eleven of this article is
intended to be in addition to any other taxes imposed on persons conductinge coal surface
mining operations including, but not limited to the tax imposed by section thirty-two of this
article, the tax imposed by article twelve-b, chapter eleven of this coder, the taxes imposed by
article thirteen-a of said chapter eleven and the tax imposed by article thirteen-v of said
chapter.
(b) Notwithstanding any other provisions of section eleven otf this article to the contrary,
under no circumstance shall an exemption from the taxes imposed by article twelve-b,
thirteen-a or thirteen-v, chapter eleven of this code be construed to be an exemption from
the tax imposed by section eleven of this article.
(c) When coal included in the measure of the tsax imposed by section eleven of this article is
exempt from the tax imposed by article twelve-b, chapter eleven of this code, the tax
imposed by section eleven of this article shall be paid to the Tax Commissioner in
accordance with the provisions of segctions four through fourteen, inclusive, article twelve-b,
chapter eleven of this code, which provisions are hereby incorporated by reference in this
article. e
(d) General procedure and administration. –- Each and every provision of the "West Virginia
Tax Procedure and Administration Act" set forth in article ten, chapter eleven of the code
applies to the special tax imposed by section eleven of this article with like effect as if such
act were applicable only to the special tax imposed by said section eleven and were set forth
in extenso in this article, notwithstanding the provisions of section three of said article ten.
(e) WTax crimes and penalties. -– Each and every provision of the "West Virginia Tax Crimes
and Penalties Act" set forth in article nine of said chapter eleven applies to the special tax
imposed by section eleven of this article with like effect as if such act were applicable only to
the special tax imposed by said section eleven and set forth in extenso in this article,
notwithstanding the provisions of section two of said article nine.

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