(a) General. -- If an extension of time for payment of federal estate tax has been granted and the Tax Commissioner finds that payment by the due date of the tax imposed by this article, or any part thereof, would impose undue hardship upon the estate, the Tax Commissioner may extend the time for payment of any such part, but no extension shall be for more than one year at a time. The aggregate of extensions with respect to any estate shall not exceed ten years from the due date.
(b) Payment of tax where extension granted. -- If an extension of time for payment has been granted under this section, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension, unless a further extension is granted. If the time for payment is thus extended, there shall be collected, as part of such amount, interest at the rate of twelve percent per annum of the amount due, from the date which is nine months after the date of death of the decedent until the date the tax is paid.
Structure West Virginia Code
§11-11-1. Short Title; Arrangement and Classification
§11-11-4. Tax on Transfer of Estate of Residents; Credit; Property of Residents Defined
§11-11-5. Tax on Transfer of Estate of Nonresidents; Property of Nonresidents Defined; Exemption
§11-11-6. Tax on Transfer of Estate of Aliens
§11-11-7. Nonprobate Inventory of Estates; Penalties
§11-11-9. Extension of Time for Filing Return
§11-11-11. Returns Executed by Tax Commissioner
§11-11-12. Report of Change in Federal Estate Tax
§11-11-14. Extension of Time for Payment
§11-11-17. Special Lien for Estate Tax
§11-11-18. Discharge of Estate; Notice of Lien; Limitation on Lien; etc.
§11-11-19. Final Accounting Delayed Until Liability for Tax Determined
§11-11-20. Liability of Personal Representatives; etc.
§11-11-21. Duty of Resident Personal Representative of Nonresident Decedent
§11-11-22. Duties and Powers of Corporate Personal Representatives of Nonresident Decedents
§11-11-23. Proof of Payment of Death Taxes to State of Domicile
§11-11-24. Domicile of Decedent
§11-11-26. Sale of Real Estate by Personal Representative to Pay Tax
§11-11-27. Prima Facie Liability for Tax
§11-11-29. Time for Assessment of Tax
§11-11-30. Refund of Excess Tax Due to Overpayment of Federal Estate Tax
§11-11-31. Agreements as to Amount of Tax Due
§11-11-33. Administration of Article by Tax Commissioner
§11-11-34. Appointment of Special Appraisers
§11-11-35. Privacy of Information
§11-11-36. Money Penalty for Failure to Produce Records
§11-11-37. Interpretation and Construction
§11-11-38. Estates to Which Article Applies; Former Law Preserved
§11-11-39. Effectiveness of This Article