West Virginia Code
Article 10. West Virginia Tax Procedure and Administration Act
§11-10-13b. Surrender of Property Subject to Levy

(a) Requirement. -- Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Tax Commissioner, surrender such property or rights (or discharge such obligation) to the Tax Commissioner, except such part of the property or rights as is, at the time of such demand, subject to any prior attachment, execution or levy.
(b) Enforcement of levy.
(1) Extent of personal liability.
Any person in possession of or obligated with respect to property subject to levy upon which levy has been made, who fails or refuses to surrender any property or rights to property, subject to levy, upon demand by the Tax Commissioner, shall be personally liable to the state in a sum equal to the value of the property or rights not so surrendered, but not exceeding the amount of taxes for the collection of which such levy has been made, together with costs and interest on such sum at an annual rate established under section seventeen-a of this article, from the date of the levy. Any amount (other than costs) received under this paragraph shall be credited against the liability for the collection of which such levy was made.
(2) Penalty for violation. -- In addition to the personal liability imposed by paragraph (1), if any person required to surrender property or rights to property fails or refuses to surrender the same without reasonable cause, such person shall be liable for a money penalty equal to fifty percent of the amount recovered under paragraph (1). No part of this penalty shall be credited against the tax liability for the collection of which such levy was made.
(c) Effect of honoring levy. -- Any person in possession of (or obligated with respect to) property or rights to property subject to levy upon which levy has been made, who upon demand by the Tax Commissioner, surrenders such property or rights to property (or discharges such obligation) to the Tax Commissioner, or who pays a liability under subsection (b)(1) shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment.
(d) "Person" defined. -- The term "person" as used in subsection (a) includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee or member is under a duty to surrender the property or rights to property or to discharge the obligation.

Structure West Virginia Code

West Virginia Code

Chapter 11. Taxation

Article 10. West Virginia Tax Procedure and Administration Act

§11-10-1. Legislative Findings

§11-10-2. Short Title; Arrangement and Classification

§11-10-3. Application of This Article

§11-10-4. Definitions

§11-10-5. General Power; Regulations and Forms

§11-10-5a. Investigations

§11-10-5aa. Confidentiality of Information Obtained During Telecommunications Tax Study

§11-10-5b. Subpoena and Subpoena Duces Tecum

§11-10-5bb. Applying Lottery Prizes to Tax Liabilities

§11-10-5c. Returns by Tax Commissioner

§11-10-5cc. Disclosure of Certain Tax Information to Commissioner of Highways

§11-10-5d. Confidentiality and Disclosure of Returns and Return Information

§11-10-5dd. Disclosure of Certain Tax Information Pursuant to Written Agreements With State Agencies Purchasing or Leasing Goods or Services or the Enterprise Resource Planning Board to Facilitate Purchasing; and the State Auditor

§11-10-5e. Service of Notice

§11-10-5ee. Limitations on Claiming Credits and Rebates; Rulemaking

§11-10-5f. Timely Filing and Paying

§11-10-5g. Time for Performance of Acts Where Last Day Falls on Saturday, Sunday or Legal Holiday

§11-10-5h. Enforcement Proceedings

§11-10-5i. Enforcement Powers

§11-10-5j. Liability for Taxes Withheld or Collected

§11-10-5k. Fractional Parts of a Cent

§11-10-5l. Payment of Estimated Tax

§11-10-5m. Overpayment of Installments

§11-10-5n. Payment by Commercially Acceptable Means

§11-10-5o. Notice of Fiduciary Relationship

§11-10-5p. Effective Date of Amendments

§11-10-5q. Settlement Agreements and Compromises

§11-10-5r. Technical Assistance Advisories

§11-10-5s. Disclosure of Certain Taxpayer Information

§11-10-5t. Payment by Electronic Fund Transfers

§11-10-5u. Disclosure of Persons Making Retail Sales of Tobacco Products

§11-10-5v. Disclosure of Tax Information to the Treasurer for Return, Recovery and Disposition of Unclaimed and Abandoned Property

§11-10-5w. Confidentiality and Disclosure of Information Set Forth in the Oil and Gas Combined Reporting Form Specified in Subsection (D), Section Three-A, Article Thirteen-a of This Chapter to County Assessors, the Department of Environmental Protec...

§11-10-5x. Waiver of Derivative Tax, Interest and Penalty Imposed on Board Members or Directors of Charitable and Tax Exempt Organizations Imposed on Innocent Governing Board Resulting From Defaults or Delinquencies of the Organization

§11-10-5y. Disclosure of Return Information to Consolidated Public Retirement Board

§11-10-5z. Electronic Filing for Certain Persons

§11-10-6. Mathematical or Clerical Errors; Collection of Balance Due on Return Without Remittance

§11-10-7. Assessment

§11-10-7a. Abatement

§11-10-7b. Abatement of Interest Attributable to Errors and by Tax Division

§11-10-7c. Abatement of Any Penalty or Addition to Tax Attributable to Written Advice by Tax Commissioner

§11-10-7d. Combining Assessments

§11-10-8. Notice of Assessment; Petition for Reassessment or Payment of Assessment Within Sixty Days; Finality of Assessment; Payment of Final Assessment; Effective Date

§11-10-9. Hearing Procedure

§11-10-9a. Small Claims Procedure; Disputes Involving $10,000 or Less

§11-10-10. Appeals

§11-10-10a. Commissioner Allowed to Acquiesce or Not Acquiesce in Decisions of Office of Tax Appeals or Circuit Court

§11-10-11. Collection of Tax

§11-10-11a. Administration of Special District Excise Tax; Commission Authorized

§11-10-11b. Fund Creation; Authorization for Expenditure

§11-10-11c. State Administration of Local Sales and Use Taxes and Excise Taxes; Jurisdiction and Standing Before the Office of Tax Appeals; Rule-Making Authority

§11-10-12. Liens, Release; Subordination; Foreclosure; Withdrawal

§11-10-13. Levy and Distraint

§11-10-13a. Property Exempt From Levy

§11-10-13b. Surrender of Property Subject to Levy

§11-10-13c. Sale of Seized Property

§11-10-13d. Sale of Perishable Goods

§11-10-13e. Redemption of Property

§11-10-13f. Certificate of Sale; Deed to Real Property; Notice and Access to Recover Personal Property; Abandonment and Removal of Personal Property

§11-10-13g. Legal Effect of Certificate of Sale of Personal Property and Deed of Real Property

§11-10-13h. Records of Sale

§11-10-13i. Expense of Levy and Sale

§11-10-13j. Application of Proceeds of Levy

§11-10-13k. Authority to Release Levy and Return Property

§11-10-14. Overpayments; Credits; Refunds and Limitations

§11-10-14a. Tax Refund Check-Off Programs

§11-10-14b. Monetary Remedies for Overpayments Due to Unconstitutionality

§11-10-14c. Prompt Payment of Refunds of Personal Income Taxes

§11-10-14d. Prompt Payment of Refunds of Corporation Net Income Taxes

§11-10-15. Limitations on Assessment

§11-10-16. Limitations on Collection

§11-10-17. Interest

§11-10-17a. Determination of Rate of Interest

§11-10-18. Additions to Tax

§11-10-18a. Additions to Tax for Failure to Pay Estimated Income or Business Franchise Tax

§11-10-18b. Additions to Tax for Failure to Pay Any Other Estimated Tax

§11-10-18c. Failure to File Partnership Return or Report

§11-10-19. Penalties

§11-10-19a. Failure to File Correct Information Returns

§11-10-20. Effective Date; Transition Rules

§11-10-21. Severability

§11-10-22. Information Returns and Due Date Thereof

§11-10-23. Alternative Dispute Resolution of Tax Disputes

§11-10-24. Commissioner to Review Taxpayer Problem Resolution Procedures; Report to Legislature

§11-10-25. Taxpayer Must Show Tax Exemption Applies; Presumption

§11-10-26. Adjustment for Correction of Erroneous Distribution of Funds, Limitation Period, Immunity of Agencies, Subdivisions, and Instrumentalities of This State

§11-10-27. Administrative Fees