W. Va. Code R. § 110-10E-7

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-10E-7 - Duration and Application of the Voluntary Compliance Program

7.1. The Voluntary Compliance Program implemented herein is available for eligible taxpayers who are subject to tax imposed under W. Va. Code § 11-21-1 et seq., or § 11-24-1 et seq., and who have previously underreported, unreported, unpaid, underpaid or have otherwise not acknowledged tax liabilities resulting from their participation in a tax avoidance transaction, including but not limited to, the reportable transactions listed and defined in subsections 3 of this rule, that are due and owing for taxable years beginning before January 1, 2006.

7.1.1. An otherwise eligible taxpayer is prohibited from participating in the Voluntary Compliance Program if:

7.1.1.1. The taxpayer is a party to any federal or state criminal investigation for underreporting or underpayment of tax;

7.1.1.2. As of the taxpayer's application date under the Voluntary Compliance Program, the taxpayer is a party to any pending administrative proceeding or civil or criminal litigation relating to the designated taxes under the Voluntary Compliance Program. An administrative proceeding or civil litigation shall be deemed not pending on the application date if the taxpayer withdraws from that proceeding or litigation before the Tax Commissioner's penalty waiver under the Voluntary Compliance Program;

7.1.1.3. The taxpayer has a criminal conviction concerning the tax on which penalty relief is sought;

7.1.1.4. The taxpayer was eligible to participate in the amnesty program under W. Va. Code § 11-10D-1 et seq., but did not do so, and the taxpayer participated in the voluntary compliance programs of any other state.

7.1.2. The Voluntary Compliance Program shall be conducted from August 1, 2006 through November 1, 2006.

7.1.3. The Voluntary Compliance Program applies to Personal Income Tax and Corporation Net Income Tax liabilities attributable to the use of tax avoidance transactions, including but not limited to, the reportable transactions listed and defined in section 3 of this rule, but only for such reportable transactions entered into prior to January 1, 2006.

7.1.4. Obligations for payments and returns of taxes not imposed under W. Va. Code § 11-21-1 et seq. or W. Va. Code § 11-24-1 et seq., are not eligible for the Voluntary Compliance Program.

W. Va. Code R. § 110-10E-7