W. Va. Code R. § 110-13-5

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

Section 110-13-5 - Return and Remittance by Taxpayer

5.1. Annual return.

5.1.1. Every taxpayer shall, on or before the expiration of one (1) month after the end of the tax year, file a business and occupation tax return for the entire taxable year. The return must show the gross proceeds of sales, gross income of business or other measure of tax in dekatherms, kilowatts or kilowatt hours, as appropriate, and the taxpayer must compute the amount of tax chargeable against him or her. The return must be signed by the taxpayer.

5.1.2. For a taxpayer maintaining records and paying taxes on a calendar year basis, the annual return is due on or before January 31 of the following year. The annual return is filed at the close of the taxable year and replaces the fourth (4th) quarterly estimate. The annual return is a recompilation of the three (3) quarterly estimates and the fourth (4th) quarter's business. It provides a medium for making such adjustments on the quarterly estimates as may be necessary.

5.2. Extension of time.

5.2.1. Any taxpayer desiring an extension of time for filing his or her annual business and occupation tax return must make the request in writing to the Tax Division. The request must be postmarked before the due date of the return and must state the reason for the request and the period of extension required. The taxpayer will then be advised in writing as to whether or not the extension is granted. No extension shall be granted for a period of time longer than ninety (90) days from the due date of the annual return.

5.2.1.1. The written request for an extension of time shall be signed by the taxpayer if made by an individual, or by the president, vice president, secretary or treasurer of a corporation if made on behalf of a corporation. If made on behalf of a partnership, joint venture, association, trust, or any other group or combination acting as a unit, any individual delegated by the firm, copartnership, joint adventure, association, trust or any other group or combination acting as a unit shall sign the written request for an extension of time on behalf of the taxpayer.

5.2.2. No extension of time may be granted for filing of monthly or quarterly estimated returns.

W. Va. Code R. § 110-13-5