W. Va. Code R. § 110-13-4

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

Section 110-13-4 - Computation of Tax; Payment

4.1. Except for those amounts due under W. Va. Code '11-13-2e, the taxes levied under W. Va. Code '11-13-1 et seq. are due and payable as follows:

4.1.1. For taxpayers whose estimated tax under W. Va. Code ' 11-13-1etseq. exceeds one thousand dollars ($1,000) per month, the tax is due and payable in monthly installments on or before the last day of the month following the month in which the tax accrued. The taxpayer shall, on or before the last day of each month, make out an estimate of the tax for which he or she is liable for the preceding month, sign the estimate and mail it together with a remittance of the amount of tax, in the form prescribed by the Tax Commissioner, to the Office of the Commissioner: Provided, That the installment payment otherwise due under this Section on or before June 30th each year shall be remitted to the Tax Commissioner on or before the June 15th each year. In estimating the amount of tax due for each month, the taxpayer may deduct one twelfth (1/12th) of any applicable tax credits allowable for the taxable year and one twelfth (1/12th) of the total exemption allowed for the taxable year.

4.1.2. For taxpayers whose estimated tax under W. Va. Code '11-13-1 et seq. does not exceed one thousand dollars ($1,000) per month, the tax is due and payable in quarterly installments within one (1) month from the expiration of each quarter in which the tax accrued. The taxpayer shall, within one (1) month from the expiration of each quarter, make out an estimate of the tax for which he or she is liable for that quarter, sign the estimate and mail it together with a remittance of the amount of tax, in the form prescribed by the Tax Commissioner, to the Office of the Commissioner. In estimating the amount of tax due for each quarter, the taxpayer may deduct one fourth (1/4th) of any applicable tax credits allowable for the taxable year and one fourth (1/4th) of the total exemption allowed for that year.

4.1.3. When the total tax for which any person is liable under W. Va. Code '11-13-1 et seq. does not exceed two hundred dollars ($200) in any year the taxpayer may pay the same quarterly , or, with the consent in writing of the Tax Commissioner, at the end of the month next following the close of the tax year.

4.1.4. However, the Tax Commissioner, if he or she considers it necessary to ensure payment of the tax, may require the return and payment under this Section for periods of shorter duration than those otherwise prescribed in Subdivision 4.1 of this Section.

4.2. Taxpayers owing taxes on amounts due under W. Va. Code '11-13-2e shall, on or before the twentieth (20th) of each month in which the tax is due and payable, make out an estimate of the tax for which the taxpayer is liable during the period for which the amount is due, sign the estimate and mail it together with a remittance of the amount of tax in the form prescribed by the Tax Commissioner to the Office of the Commissioner.

4.2.1. The amount of tax due under W. Va. Code '11-13-2e is due and payable in monthly installments on or before the twentieth (20th) day of the month following the month in which the tax accrued. Estimated tax due under W. Va. Code '11-13-2e shall be calculated based on the actual number of dekatherms of gas injected or withdrawn from a gas storage reservoir during the month in which the tax accrued: Provided, That for taxable years beginning on or after April 6, 1989, tax due under W. Va. Code '11-13-2e shall be calculated based on the actual net number of dekatherms of gas injected or net number of dekatherms of gas withdrawn from a gas storage reservoir during each month: Provided, however, for the monthly tax periods beginning on or after July 1, 1995, the tax due under W. Va. Code '11-13-2e shall not exceed the tax as determined by the storage utilization index for the month the tax accrues. Estimated tax due under W. Va. Code '11-13-2e may not be arrived at by averaging out an estimated or actual yearly total. In estimating the amount of tax due each month, the taxpayer may deduct one twelfth (1/12th) of any applicable tax credits allowable for the taxable year and one twelfth (1/12th) of the total exemption allowed for that year.

4.2.2. For taxpayers whose estimated tax due as calculated under Section 4.2.1 of this rule is less than one thousand dollars ($1,000) in each month of a quarter, the taxpayer may elect to make a quarterly installment payment in lieu of the monthly installment, due and payable on the twentieth (20th) day of the month following the quarter in which the tax accrued. In estimating the amount of tax due for each quarter, the taxpayer may deduct one fourth (1/4th) of any applicable tax credits allowable for the taxable year and one fourth (1/4th) of the total exemption allowed for that year. Should the taxpayer have a monthly estimated tax due of over one thousand dollars ($1,000) prior to deducting the allowable credit and exemption deductions for that month, then all previous monthly installments are retroactively due and payable at the time they would have otherwise been due and payable under Section 4.2.1 of this rule, subject to interest and additions.

4.2.3. For taxpayers whose total tax due under W. Va. Code '11-13-2e does not exceed two hundred dollars ($200) in any year, the taxpayer may pay the same quarterly or monthly as provided in Subdivisions 4.2.1 or 4.2.2, as appropriate, or with the consent in writing of the Tax Commissioner, on the twentieth (20th) day of the month next following the close of the tax year.

4.2.4. Subdivisions 4.2.1, 4.2.2 and 4.2.3 of this Section notwithstanding, the Tax Commissioner, if he or she considers it necessary to insure payment of the tax, may require the return and payment under this Section for periods of shorter duration than those prescribed above in Subdivisions 4.2.1, 4.2.2, and 4.2.3 of this Section.

W. Va. Code R. § 110-13-4