W. Va. Code R. § 110-23-12

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

Section 110-23-12 - Extensions Of Time For Paying Tax

12.1. Amount determined on return. -- The Tax Commissioner may extend the time for payment of the amount of the tax shown, or required to be shown, on any return required by the Business Franchise Tax Act (or any periodic installment payments), for a reasonable period not to exceed six (6) months from the date fixed for payment thereof.

12.2. Amount determined as deficiency. -- In accordance with Section '11-23-12 of the West Virginia Code and under these regulations, the Tax Commissioner may extend the time for the payment of the amount determined as a deficiency of the tax imposed by Section '11-23-1 of the West Virginia Code for a period not to exceed eighteen (18) months from the date fixed for payment of the deficiency. In exceptional cases, a further period of time not to exceed twelve (12) months may be granted. An extension of time under Section '11-23-12(b) of the West Virginia Code and this Section of these regulations may be granted only where it is shown to the satisfaction of the Tax Commissioner that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer.

12.3. No extension for certain deficiencies. -- No extension shall be granted under Section '11-23-12 of the West Virginia Code or this Section of these regulations for any deficiency of tax, interest, penalties or other charges if such deficiency is due to negligence, intentional disregard of rules and regulations, or to fraud with intent to evade tax.

12.4. Documents to be submitted for granting an extension of time for paying the tax and procedure for applying for an extension of time for paying tax. - Taxpayers seeking an extension of time for paying tax under these regulations shall file a written request with the Tax Commissioner for such an extension on or before the time fixed by statute for payment of the tax. Such request shall set forth the relevant facts and the reason for the taxpayer's inability to make payment of the tax due on its tax return.

12.4.1. The taxpayer shall file its tax return or, in the case of a request for extension of time for paying tax made in conjunction with a request for extension of time for filing a return under Section 110-23-10 of these regulations, a copy of such request for extension of the time to file the return, with the request for an extension of time for paying the tax.

12.5. An extension of time for paying the tax shall not constitute an extension of time for filing any tax return.

12.6. No extension of time shall be granted unless the Tax Commissioner finds that exceptional circumstances exist and that to require payment within the time prescribed by the statute would work an undue hardship on the taxpayer.

12.7. If the time for payment of tax is extended, interest at the rate established under Section '11-10-17a of the West Virginia Code and accruing from the original due date of the return, until the tax and all interest, penalties and additions relating to such tax are paid shall be added to such tax.

12.8. Furnishing of security. -- As a prerequisite to granting an extension of time for payment of any tax or deficiency, the Tax Commissioner may require the taxpayer to furnish a bond or other security. Such bond or other security shall be in an amount not exceeding the amount for which the extension of time for payment is granted.

W. Va. Code R. § 110-23-12