W. Va. Code R. § 110-15-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 110-15-5 - Remittance of Tax

5.1. No profit shall accrue to any person as a result of the collection of the consumers sales and service tax regardless of the fact that the total amount of such taxes collected may be in excess of the amount for which such person would be liable by the application of the levy of six percent (6%) to the gross proceeds of his sales. The total of all consumers sales and service taxes collected by any such person shall be returned and remitted to the Tax Commissioner.

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

5.2.1. Such person may separately remit the amount collected and pay the amount due and owing on his purchases made using the direct pay permit procedure.

5.2.2. Such person may credit the amount of tax paid on his purchases for which an exemption is claimed against the amount of tax collected and:

5.2.2.1. if the amount collected is greater than the amount of tax paid on his exempt purchases, he shall remit the difference to the Tax Commissioner; or

5.2.2.2. if the amount of tax paid on his exempt purchases is greater than the amount collected, he may seek a refund or credit for the difference as provided in Section 9a of these regulations.

5.3. Sales and Service Tax Return and Payment; Exception. - Except as otherwise required under Sections 5.3.2, 5.3.3, 9c.7, and 11.6 of these regulations, the consumers sales and service taxes levied shall be due and payable in monthly installments, on or before the fifteenth (15th) day of the month next succeeding the month in which the tax accrued. The taxpayer shall, on or before the fifteenth (15th) day of each month, complete and mail to the Tax Commissioner the prescribed return, WV/CST-200, for the preceding month showing:

(a) The total gross proceeds of business for that month;

(b) the gross proceeds of business upon which the tax is based;

(c) the amount of the tax for which he is liable; and

(d) any further information necessary in the computation and collection of the tax which the Tax Commissioner may require. Remittance of the amount of tax due, if any, shall accompany the return: Provided, That notwithstanding the provisions of W. Va. Code '11-15-30, any such tax collected by the Alcohol Beverage Control Commissioner from persons or organizations licensed under authority of W. Va. Code '60-7-1 et seq., shall be paid into a revolving fund account in the State Treasury, designated the "Drunk Driving Prevention Fund."

A monthly or quarterly return shall be signed by the taxpayer or his duly authorized agent. An unsigned return will be deemed incomplete and may be returned to the taxpayer as improperly filed.

5.3.1. Other Times for Filing Returns. - The Tax Commissioner may, upon written request, authorize a taxpayer whose books and records are not kept on a monthly basis to file returns at times other than those specified in the foregoing Section 5.3, but in no event shall a taxpayer make less than one return a calendar month, except as provided in the following Section 5.3.2 or as may be authorized in writing by the Tax Commissioner. In order to receive such permission or authorization, the taxpayer must show that the monthly filing otherwise required will impose an undue hardship.

5.3.2. Quarterly Return. - Except as otherwise required under Sections 5.3.3, 9c.7, and 11.6 of these regulations, when the total tax for which a person is liable does not exceed $50.00 for any month, he may make a quarterly return on or before the fifteenth (15th) day of the first month in the next succeeding quarter in lieu of monthly returns on the return WV/CST-200. Quarterly returns are due on or before April 15, July 15, and October 15.

5.3.3. Annual Return; Extension of Time. - On or before the end of the calendar year, each person liable for the payment of consumers sales and service tax shall file an annual return. The annual return shall consist of the final monthly or quarterly return for the year and is due on or before January 31. The form of such return shall be as follows:

5.3.3.1. For taxpayers filing on a monthly basis, such annual return shall show the total gross proceeds of business and the gross proceeds of business upon which the tax is based for the month of December together with any other information which the Tax Commissioner may require.

5.3.3.2. For taxpayers filing on a quarterly basis, such annual return shall show the total gross proceeds of business and the gross proceeds of business upon which the tax is based for the calendar quarter ending December 31st together with any other information which the Tax Commissioner may require.

5.3.3.3. A person operating two or more places of business of like character from which are made or dispensed sales or services which are subject to the consumers sales and service tax may file returns covering all such sales or services.

5.3.3.4. Payment. - The taxpayer shall forward the annual return along with payment of any remaining consumers sales and service tax, due for the preceding tax year, to the Tax Commissioner. The taxpayer or his duly authorized agent shall verify the return under oath.

5.3.3.5. Extension of Time. - The Tax Commissioner for good cause shown and on written application of a taxpayer, may extend the time for making any return required by the provisions of W. Va. Code '11-15-1 et seq., but no extension of time may be granted for payment of tax.

5.3.3.5.a. Requests for extensions of time will not be considered if received after the due date of the return. No extension will be granted for a period in excess of thirty (30) days.

5.3.4. Accelerated payment. - For calendar years beginning after December 31, 1990, taxpayers whose average monthly installments for the previous calendar year exceeds $100,000.00, shall remit the tax attributable to the first fifteen days of June each year on or before the twenty-third day of said month of June.

5.3.4.1. For the foregoing purpose, the taxpayer shall remit an amount equal to the amount of tax imposed by W. Va. Code '11-15-1 et seq. on actual taxable sales of tangible personal property and sales of taxable services during the first fifteen days of June or, at the taxpayer's election, the taxpayer may remit an amount equal to fifty percent of taxpayer's liability for sales and service tax on taxable sales of tangible personal property and sales of taxable services made during the preceding month of May.

5.3.4.2. For a business which has not been in existence for a full calendar year, the total tax due from the business during such prior calendar year shall be divided by the number of months, including fractions of a month, that it was in business during such prior calendar year; and if that amount exceeds one hundred thousand dollars, the tax attributable to the first fifteen days of June each year shall be remitted on or before the twenty-third day of said month of June.

5.3.4.3. When a taxpayer required to make an advanced payment of tax the foregoing subsection 5.3.4 makes out its return for the month of June, which is due on the fifteenth day of July, such taxpayer may claim as a credit against its sales and service tax for the month of June, the amount of the advanced payment of tax made under subsection 5.3.4.

5.5. Retailer's Use Tax Return and Payment; Exception. - Except as otherwise required under Sections 9c.7 and 11.6 of these regulations, each retailer required or authorized by W. Va. Code ''11-15A-6, 11-15A-6a or 11-15A-7 to collect the use tax, shall be required to pay to the Tax Commissioner the amount of such tax collected, with that amount being due and payable on or before the fifteenth (15th) day of the month next succeeding the end of each quarterly period. At such time, each retailer shall file with the Tax Commissioner a return, WV/CST-220, for the preceding quarterly period in such form as may be prescribed by the Tax Commissioner. The form shall show the sales price of any or all tangible personal property and taxable services sold by the retailer during such preceding quarterly period, the use of which is subject to the use tax, and such other information as the Tax Commissioner may deem necessary. The return shall be accompanied by a remittance of the amount of such tax for the period covered by the return: Provided, That where tangible personal property is sold under a conditional sales contract, or under any other form of sale wherein the payment of the principal sum, or a part thereof is extended over a period longer than sixty (60) days from the date of the sale, the retailer shall collect and remit the use tax in accordance with the requirements of Section 4 of these regulations. The Tax Commissioner, if he deems it necessary in order to insure payment to the State of the amount of such use tax, may in any or all cases require returns and payments of such amount to be made for other than quarterly periods. The Tax Commissioner may, upon request and a proper showing of the necessity therefor, grant an extension of time not to exceed thirty (30) days for making any return and payment: Provided, such request is received by the Tax Department prior to the due date of the return. Returns shall be signed by the retailer or his duly authorized agent, and must be certified by him to be correct. An unsigned return will be deemed incomplete, and may be returned to the taxpayer as improperly filed.

5.5.1. User's or Purchaser's Use Tax Return and Payment; Exception. - Except as otherwise required under Sections 9c.7 and 11.6 of these regulations, any person who uses any tangible personal property or taxable services upon which the West Virginia use tax has not been paid either to a retailer or directly to the Tax Commissioner shall be liable therefor, and shall on or before the fifteenth (15th) day of the month next succeeding each quarterly period pay the use tax imposed upon all such property or taxable services used by him during the preceding quarterly period and shall file with his remittance of such tax a return, Form WV/CST-220, properly setting forth the information required thereon and signed by the taxpayer or his agent. The form must be certified by the taxpayer as correct. An unsigned return will be deemed incomplete, and may be returned to the taxpayer as improperly filed.

5.5.2. Special Annual User's or Purchaser's Use Tax Return and Payment; Exception. - Except as otherwise required under Sections 9c.7 and 11.6 of these regulations, any natural person who does not hold a West Virginia business registration certificate, who uses any tangible personal property or taxable service upon which the West Virginia use tax has not been paid either to a retailer or directly to the Tax Commissioner shall be liable for the West Virginia use tax upon such property or taxable services, and shall as the Tax Commissioner may authorize or require on or before the fifteenth (15th) day of April of the taxpayer's next succeeding tax year for federal income tax purposes, pay the use tax imposed upon all such property or taxable services used by him during the taxpayer's preceding federal taxable year. The taxpayer shall file with his remittance of such use tax a return, form WV/CST-220A, properly setting forth the information required thereon and signed by the taxpayer or his agent. The form must be certified by the taxpayer as correct. An unsigned return will be deemed incomplete, and may be returned to the taxpayer as improperly filed.

W. Va. Code R. § 110-15-5