West Virginia Code § 7-27-40

Deposit of county transportation sales and use taxes; payment to Division
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of Highways.
(a) All county sales and use taxes collected by the Tax Commissioner under this article shall
be collected and paid to the credit of each county commission's subaccount in the "County
Road Improvement Account" established pursuant to this article.
(b) The credit shall be made to the subaccount of the county commission of the county in
which the taxable sales were made and services rendered or taxable uses occurred as shown
by the records of the Tax Commissioner and certified by the Tax Commissioner to the State
Treasurer, namely, the location of each place of business of everuy vendor collecting and
paying sales and use taxes to the Tax Commissioner without regard to the place of possible
use by the purchaser and by every person remitting county ttransportation use tax to the Tax
Commissioner or paying the county's use tax to the Tax Commissioner.
(c) As soon as practicable after the county transportation sales and use taxes for a particular
county have been paid into the county's subaccounlt of the "County Road Improvement
Account" in any month for the preceding reposrting period, the Commissioner of Highways or
the West Virginia Economic Development Authority may issue a requisition to the Auditor
requesting issuance of a state warrant for the funds of the county in its subaccount, as
provided for by the intergovernmentgal agreement or agreements executed by the
Commissioner of Highways and the county commission.
(1) Upon receipt of the requisition, the Auditor shall issue his or her warrant on the State
Treasurer for the funds requested and the State Treasurer shall pay the warrant out of the
subaccount.
(2) If errors are made in any payment, or adjustments are otherwise necessary, whether
attributable to refunds to taxpayers or to some other fact, the errors shall be corrected and
adjustments made in the payments for the next six months as follows: One sixth of the total
adjuWstment shall be included in the payments for each month for the next six months, to be
paid in full during this six months period. In addition, the payment shall include a refund of
amounts erroneously not paid to the subaccount of the county commission and not
previously remitted to the county's subaccount during the three years preceding the
discovery of the error.
(3) A correction and adjustment in payments described in this subsection due to the
misallocation of funds by the person remitting the tax shall be made within three years of the
date of the payment error.

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