W. Va. Code R. § 110-13A-16

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

Section 110-13A-16 - Bond

16.1. When Bond Required. -- Whenever it is deemed necessary to ensure compliance with W. Va. Code '11-13A-1 et seq. the Tax Commissioner may require any taxpayer to post a cash or corporate surety bond.

16.2. Amount of Bond. -- The amount of the bond shall be fixed by the Tax Commissioner, but shall not be greater than three times the average quarterly liability of taxpayers filing returns for quarterly periods, five times the average monthly liability of taxpayers required to file returns for monthly periods, or two times the average periodic liability of taxpayers permitted or required to file returns for other than monthly or quarterly reports, provided that notwithstanding the foregoing limitation no bond required under this Section shall be less than five hundred dollars.

16.2.1. Increase or Decrease in Amount of Bond. -- The amount of the bond required pursuant to Subsection 16.2 of these regulations may be increased or decreased by the Tax Commissioner at any time subject to the limitations provided in Subsection 16.2 of these regulations.

16.3. Restraining Order Until Bond Posted. -- The Tax Commissioner may bring an action, in the Circuit Court of Kanawha County or in the circuit court of any county having jurisdiction over the taxpayer, for a restraining order, or a temporary or permanent injunction to restrain or enjoin the operation of a taxpayer's business until the bond is posted and any delinquent tax (including applicable interest and additions to tax) has been paid.

W. Va. Code R. § 110-13A-16