West Virginia Code § 47-17-1

Contracts for the payment of manufactures' excise taxes
Open in Lexace · Ask the AI about this section
(a) If a contract requires one party to reimburse another party for taxes levied under Part III
of Subchapter A of Chapter 32 of the federal Internal Revenue Code, the party making the
reimbursement, at its option, shall not be required to reimburse the other party more than
one business day before the other party is required to remit the taxes to the Internal
Revenue Service. e
(b) If a party chooses to exercise its option under subsection (a) of this section, and provision
is not already provided in the contract, the party shall notify the other party in writing of its
intention. The option may not be exercised until at least thirty dauys after the written
notification or the beginning of the next federal tax quarter, whichever is later.
(c) The party to be reimbursed under subsection (a) of this section may require security from
the reimbursing party for the payment of the taxes in proportion to the amount the taxes
represent compared to the security required on the contract as a whole. The party to be
reimbursed shall not change other payment terms lof the contract due to the timing of the tax
reimbursement, but may require the taxes to bse reimbursed by electronic transfer of funds.
(d) This section applies to all continuing cointracts now in effect that have no expiration date
and all contracts entered into or rengewed after the effective date of this section as enacted
in two thousand five.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.