W. Va. Code R. § 110-99-3

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

Section 110-99-3 - Imposition of Tax

3.1. For the privilege of engaging or continuing within this state in the business of the retail sale of hemp-derived cannabinoid products, kratom or kratom products, there is levied a privilege tax.

3.2. The amount of tax imposed is 11 percent of the retail sales price of all hemp-derived products and kratom products sold during the reporting period. The tax shall not be added by the retailer as a separate charge or line item on any sales slip, invoice, receipt, other statement, or memorandum of the price paid by the purchaser.

3.3. The privilege tax is in addition to all other taxes imposed by law. Sales of hemp-derived cannabinoid and kratom products are also subject to the following taxes:

3.3.1. All retail sales of hemp-derived cannabinoid products or kratom products are also subject to the sales tax and use tax. Products designed or formulated for human consumption containing cannabinoid products or kratom products are not exempt from the consumers sales and service tax as food or food ingredients.

3.3.2. When sold as an e-cigarette liquid, hemp-derived cannabinoid substances are also subject to the e-cigarette liquids tax.

3.4. The retailer shall be liable for payment of the privilege tax on sales of hemp-derived cannabinoid and kratom products, and any tax, additions to tax, penalties, or interest due and payable under this rule is a debt due this state and is a lien upon the real and personal property of such person.

W. Va. Code R. § 110-99-3