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Home » US Law » 2022 West Virginia Code » Chapter 8. Municipal Corporations » Article 13C. Municipal Tax in Lieu of Business and Occupation Tax; and Municipal Taxes Applicable to Pension Funds; Additional Authorities Relating to Pensions and Bond Issuance

§8-13C-1. Findings

The Legislature finds that: (a) Imposing additional taxes creates an extra burden on the citizens of the state; (b) Imposing additional taxes can be detrimental to the economy of the state; (c) Imposing additional taxes is only proper under certain circumstances; (d) For many municipalities with severe unfunded liabilities of the police and fire pension […]

§8-13C-10. Conflict; Partial Unconstitutionality

(a) If a court of competent jurisdiction finds that the provisions of this article and the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code conflict and cannot be harmonized, then the provisions of said articles shall control. (b) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article […]

§8-13C-11. Additional Requirements for Authority to Impose Certain Taxes

(a) The authority to impose the pension relief municipal occupational tax, the pension relief municipal sales and service tax and the pension relief municipal use tax, all provided in this article, is not effective until a municipality wishing to impose the taxes presents to the Joint Committee on Government and Finance a plan to remove […]

§8-13C-12. Limited Authority to Impose Tax

(a) Notwithstanding any other provision of this code to the contrary, no county, board, political subdivision or any other agency or entity other than a municipality may impose an alternative municipal sales and service tax, an alternative municipal use tax, a pension relief municipal occupational tax, a pension relief municipal sales and service tax, a […]

§8-13C-14. Authorization for Closure of Existing Retirement Plans, Creation of Defined Contribution Plans and Issuance of Bonds for Certain Qualifying Municipalities

(a) Notwithstanding any other section of this code to the contrary and subject to subsection (b) of this section, any qualifying municipality, as that term is defined in section two of this article, has the following authority: (1) To close its existing pension and relief fund plan for policemen and firemen provided in article twenty-two […]

§8-13C-2. Definitions

For the purposes of this article: (a) "Alternative municipal sales and service tax" means the tax authorized to be imposed by subsection (b), section four of this article only if a municipality does not impose or ceases to impose the business and occupation or privilege tax authorized in section five, article thirteen of this chapter; […]

§8-13C-3. Pension Relief Municipal Occupational Tax

(a) Effective on and after July 1, 2005, each qualifying municipality, as defined in section two of this article, has the plenary power and authority to impose, by ordinance, a pension relief municipal occupational tax on taxable employees. Any pension relief municipal occupational tax imposed pursuant to this section shall meet the following requirements: (1) […]

§8-13C-4. Municipal Sales and Service Taxes

(a) Pension relief municipal sales tax. -– On and after July 1, 2005, each qualifying municipality, as defined in section two of this article, has the plenary power and authority to impose, by ordinance, a pension relief municipal sales and service tax at a rate not to exceed one percent, subject to the provisions of […]

§8-13C-5. Municipal Use Tax

(a) Pension relief municipal use tax. -– On and after July 1, 2005, each qualifying municipality, as defined in section two of this article, that imposes a pension relief municipal sales and service tax pursuant to this article shall impose, by ordinance, a pension relief municipal use tax at the same rate that is set […]

§8-13C-5a. Credit for Sales Tax Paid to Another Municipality

(a) Credit against municipal use tax. — A person is entitled to a credit against a use tax imposed by a municipality pursuant to section five of this article on the use of a particular item of tangible personal property, custom software or service equal to the amount, if any, of sales tax lawfully paid […]

§8-13C-8. Printed Catalogs

Local tax rate changes made pursuant to sections four and five of this article apply to purchases from printed catalogs where the purchaser computed the tax based upon the local tax rate published in the catalog only on and after the first day of a calendar quarter after a minimum of one hundred twenty days' […]

§8-13C-9. Restriction on Use of Certain Revenues

(a) All proceeds from a pension relief municipal occupational tax, a pension relief municipal sales and service tax and a pension relief municipal use tax imposed pursuant to this article shall be used solely for one of the following purposes: (1) Directly reducing the unfunded actuarial accrued liability of policemen's and firemen's pension and relief […]