W. Va. Code R. § 110-13AA-4

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

Section 110-13AA-4 - Activity For Which Information is Needed

4.1. Effective July 1, 1996, W. Va. Code § 11-13A-5a requires that 5% of the Severance Tax imposed upon the severance of oil and gas in West Virginia is to be dedicated to the use and benefit of the counties and municipalities in West Virginia. Effective July 1, 1997, the percentage is increased to 10%.

4.2. W. Va. Code § 11-13A-5a requires that the funds be deposited by the West Virginia State Tax Division (hereinafter "Tax Division") from time to time into specified accounts created in the State Treasurer's Office. The Tax Division is required to deposit 75% of the dedicated funds in the "Oil and Gas County Revenue Fund," and 25% is to be deposited in the "All Counties and Municipalities Revenue Fund."

4.2.1. For purposes of this rule, "from time to time" means by October 1^st of each year following the end of a taxable year, unless the Tax Commissioner determines that more data is necessary to ensure that the proper distribution is made.

4.3. In order for the funds to be properly distributed, it is necessary to determine the counties where the oil and gas was severed and the amounts of oil and gas severed in each county.

4.4. The Tax Division will treat gas and oil as having been severed in the county in which the wellhead is located where the oil and gas were first brought to the surface of the Earth.

W. Va. Code R. § 110-13AA-4