W. Va. Code R. § 110-28-2

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

Section 110-28-2 - Definitions

2.1. "Allocation numerator" means revenues of a specific revenue generating municipality for the period under the provisions, as applicable, of W. Va. Code § 8-1-5a (Home Rule Pilot Plan) or W. Va. Code § 8-13C-1, et seq. (Municipal sales and use tax), net of refunds and net of adjustments for filing errors, payment errors, and similar adjustments for the period, but before offset by the periodic cost recovery fee.

2.2. "Allocable revenues" means total net tax revenues, as defined in section 2.5. of this section heading, after offset by the periodic cost recovery fee. Allocable revenues are periodically distributed to each revenue generating municipality in proportion to the amount that each allocation numerator, as defined in section 2.1. of this section heading, for the period, bears to total net tax revenues for the period.

2.3. "District Excise tax" means collectively the special district excise tax authorized under W.Va. Code § 7-22-1, et seq., and W.Va. Code § 8-38-1, et seq.

2.4. "Municipal consumers sales and service tax and use tax" and "municipal consumers sales tax" and "municipal sales and service tax," "municipal use tax," "municipal sales tax" and "municipal sales and use tax" mean and refer to, collectively, any sales and use tax adopted by a municipality pursuant to the provisions of W.Va. Code § 8-1-5a (Home Rule Pilot Plan) or W. Va. Code § 8-13C-1, et seq. (Municipal sales and use tax).

2.5. "Net tax revenues" means the total pooled amount of all revenues under the provisions, as applicable, of W.Va. Code § 8-1-5a (Home Rule Pilot Plan) or W.Va. Code § 8-13C-1, et seq. (Municipal sales and use tax), of all revenue generating municipalities, for the period, net of refunds and net of adjustments for filing errors, payment errors, and similar adjustments for the period, but before offset by the periodic cost recovery fee.

2.6. "Period," "the period" or "periodic" means and refers to the tax period or accounting period, applicable in the context of the usage of the term, and may refer to a monthly, quarterly, semi-annual or annual time period, or any other time period prescribed by the Tax Commissioner.

2.7. "Periodic cost recovery fee" -- The periodic cost recovery fee is retained by the Tax Department and shall equal one percent (1%) of net tax revenues.

2.8. "Program municipalities" means all municipalities that have achieved full legal authorization to impose and implement municipal sales and use taxes under the provisions of W. Va. Code § 8-1-5a (Home Rule Pilot Plan) or §8-13C-1, et seq. (Municipal sales and use taxes). A municipality becomes a program municipality only when actual tax collections have begun.

2.9. "Revenue generating municipalities" means those municipalities that have generated tax revenues for the period under the provisions, as applicable, of W. Va. Code § 8-1-5a (Home Rule Pilot Plan) or W. Va. Code § 8-13C-1, et seq. (Municipal sales and use taxes), net of refunds and net of adjustments for filing errors, payment errors, and similar adjustments for the period, but before offset by the periodic cost recovery fee.

W. Va. Code R. § 110-28-2