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Home » US Law » 2022 West Virginia Code » Chapter 11. Taxation » Article 15A. Use Tax

§11-15A-3d. Direct Pay Permits

(a) Notwithstanding any other provision of this article, the Tax Commissioner may, pursuant to rules promulgated by him or her in accordance with article three, chapter twenty-nine-a of this code, authorize a person as defined in section two of article fifteen who is a user, consumer, distributor or lessee to which sales or leases of […]

§11-15A-4. Evidence of Use

For the purpose of the proper administration of this article to prevent evasion of the tax, evidence that tangible personal property, custom software or a service was sold by any person for delivery in this state is prima facie evidence that the tangible personal property, custom software or service was sold for use in this […]

§11-15A-5. How Collected

Unless otherwise provided in this chapter, the tax imposed in 11-15A-2 of this code shall be collected in the following manner: (1) The tax upon the use of all tangible personal property, custom software or services, sold by a retailer engaging in business in this state, or by any other retailer as the Tax Commissioner […]

§11-15A-6. Collection by Retailer

(a) Unless otherwise provided in this chapter, every retailer engaging in business in this state and making sales of tangible personal property, custom software, or taxable services for delivery into this state, or with the knowledge, directly or indirectly, that the property or service is intended for use in this state, that are not exempted […]

§11-15A-6a. Collection by Certain Other Retailers

(a) Duty to collect tax. — For purposes of this article and for collection of use tax required under section six of this article, a retailer engaging in business in this state also means and includes any of the following: (1) Any retailer soliciting orders from persons located in this state for the sale of […]

§11-15A-6b. Collection of Tax by Marketplace Facilitators and Referrers

(a) Duty to collect tax. — For purposes of §11-15A-1 et seq. of this code and for collection of use tax required under §11-15A-6 and §11-15A-6b of this code, the phrase retailer engaging in business in this state also means and includes a remote seller, marketplace facilitator, or referrer that meets the requirements of subsection […]

§11-15A-7. Foreign Retailers

The Tax Commissioner may, in his or her discretion, upon application authorize the collection of the tax imposed in section two of this article by any retailer not engaging in business within this state, who, to the satisfaction of the Tax Commissioner, furnishes adequate security to insure collection and payment of the tax. The retailer […]

§11-15A-8. Absorbing Tax

(a) A retailer may advertise or hold out or state to the public or to any purchaser, consumer or user, directly or indirectly, that the tax or any part thereof imposed by this article will be assumed or absorbed by the retailer or that any part required to be added to the purchase price will […]

§11-15A-9. Tax as Debt

The tax required to be collected by any retailer pursuant to section six, six-a or seven of this article, or by any seller or certified service provider pursuant to article fifteen-b of this chapter, and any tax collected by any retailer, seller or certified service provider pursuant to section six, six-a or seven of this […]