W. Va. Code R. § 110-13P-6

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

Section 110-13P-6 - Filing of the Return and Payment of Tax

6.1. The Health Care Provider Tax return shall be filed annually on or before the last day of January following the end of the eligible taxpayer's calendar year, or, if the eligible taxpayer files on a fiscal year basis, the return shall be filed on or before the last day of the month next following the end of the taxpayer's fiscal year: Provided, That the return for the month of May has an accelerated due date and is due June 15.

6.2. To assert the Credit against the Health Care Provider Tax, the eligible taxpayer shall file with its annual Health Care Provider Tax return the schedule prescribed by the Tax Commissioner. The schedule shall show for the taxpayer's taxable year either the adjusted annual medical liability insurance premium for the taxpayer's specialty or subspecialty group or the taxpayer's actual annual medical liability insurance premium, whichever is appropriate, the amount of Credit allowed, the taxes against which the Credit is being applied and any other information required by the Tax Commissioner.

6.2.1. It is presumed for purposes of using the Credit that the eligible taxpayer will pay the medical liability insurance premium only once per taxable year. Regardless of whether or not the 12 month period for which the Health Care Provider Tax return is filed is the same 12 month period for which the malpractice insurance premium is paid, the eligible taxpayer shall use either the adjusted annual medical liability insurance premium for the taxpayer's specialty or subspecialty group or the taxpayer's actual annual medical liability insurance premium when determining the amount of the Credit under subsection 3.2 of this rule.

6.3. An eligible taxpayer may consider the amount of Credit allowed when determining the eligible taxpayer's liability under the Health Care Provider Tax for periodic payments of estimated tax for the taxable year.

6.3.1. Each eligible taxpayer that expects on average to pay Health Care Provider Tax in excess of $50.00 per month is required to make estimated monthly payments of 1/12^th of the total annual amount of Health Care Provider Tax due; the annual return shall be the return filed for the 12^th month. When calculating each estimated payment, it is anticipated, but not required, that each eligible taxpayer will use 1/12^th of the Credit authorized for the taxable year.

6.3.2. The annual total tax liability and total Credit are to be adjusted and reconciled on the annual Health Care Provider Tax return.

W. Va. Code R. § 110-13P-6