W. Va. Code R. § 110-28-5

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

Section 110-28-5 - Remittance of Tax

5.1. No profit shall accrue to any person as a result of the collection of the municipal sales and use taxes regardless of the fact that the total amount of taxes collected may be in excess of the amount for which a person would be liable by the application of the levy set forth in the municipal ordinance imposing the tax, not to exceed one percent, to the gross proceeds of that person's sales. The total of all municipal sales and use taxes collected by any person shall be returned and remitted to the Tax Commissioner.

5.2. Any person who is required to collect and remit the state consumers sales and service tax or the use tax and who was also required to pay the taxes on purchases of tangible personal property or services for use or consumption in that person's business may use one of the following procedures when paying the municipal sales and use tax collected to the Tax Commissioner. The person:

5.2.1. May separately remit the amount collected and pay the amount due and owing on purchases made using the direct pay permit procedure.

5.2.2. May credit the amount of tax paid on purchases for which an exemption is claimed against the amount of tax collected and

5.2.2.a. If the amount collected is greater than the amount of tax paid on exempt purchases, the person shall remit the difference to the Tax Commissioner; or

5.2.2.b. If the amount of tax paid on exempt purchases is greater than the amount collected, the person may seek a refund or credit for the difference as provided by law.

5.2.3. Shall use the same means to collect and remit municipal sales and use tax as the person uses to collect and remit the state consumers sales and service tax and use tax.

5.3. Municipal Sales and Use Tax Return and Payment. -- Any municipal sales and use tax that a person is required to remit to the State Tax Commissioner shall be reported in the same return that the person is required to file under the state consumers sales and service tax and use tax law and the municipal sales and use tax due shall be remitted when the state tax is remitted.

5.4. When no state tax liability. -- Any person subject to the municipal sales and use tax that has no liability for the state consumers sales and service and use tax for the reporting period, shall still remit the municipal sales and use tax in a manner consistent with this rule.

W. Va. Code R. § 110-28-5