West Virginia Code
Article 13. Business and Occupation Tax
§11-13-3. Exemptions; Annual Exemption and Periods Thereof

(a) Monthly exemption. –- For any tax imposed under the provisions of this article with respect to any period beginning on or after July 1, 1985, there is an exemption in every case of $41.67 per month in amount of tax computed under the provisions of this article. Only one exemption is allowed to any one person, whether the person exercises one or more privileges taxable hereunder.
(b) Exemptions from tax. –- The provisions of this article do not apply to:
(1) Insurance companies which pay the State of West Virginia a tax upon premiums: Provided, That the exemption does not extend to that part of the gross income of insurance companies which is received for the use of real property, other than property in which any company maintains its office or offices, in this state, whether the income is in the form of rentals or royalties;
(2) Nonprofit cemetery companies organized and operated for the exclusive benefit of their members;
(3) Fraternal societies, organizations and associations organized and operated for the exclusive benefit of their members and not for profit: Provided, That the exemption does not extend to that part of the gross income arising from the sale of alcoholic liquor, food and related services of fraternal societies, organizations and associations which are licensed as private clubs under the provisions of article seven, chapter sixty of this code;
(4) Corporations, associations and societies organized and operated exclusively for religious or charitable purposes and production credit associations, organized under the provisions of the federal Farm Credit Act of 1933;
(5) Any credit union organized under the provisions of chapter thirty-one of this code or any other chapter of this code: Provided, That the exemptions of this section do not apply to corporations or cooperative associations organized under the provisions of article four, chapter nineteen of this code;
(6) Gross income derived from advertising service rendered in the business of radio and television broadcasting;
(7) Gross income of a nonprofit homeowners' association received from assessments on its members for community services such as road maintenance, common area maintenance, water service, sewage service and security service; and
(8) Nonprofit water and sewer companies governed by the Public Service Commission of West Virginia and organized and operated for the exclusive benefit of their members.

Structure West Virginia Code

West Virginia Code

Chapter 11. Taxation

Article 13. Business and Occupation Tax

§11-13-1. Definitions

§11-13-2. Imposition of Privilege Tax

§11-13-2d. Public Service or Utility Business

§11-13-2e. Business of Gas Storage; Effective Date

§11-13-2f. Manufacturing or Producing Synthetic Fuel From Coal; Rate and Measure of Tax; Definitions; Dedication, Deposit and Distribution of Tax; Expenditure of Distributions Received by Synthetic Fuel-Producing Counties for Economic Development and...

§11-13-2m. Business of Generating or Producing Electric Power; Exception; Rates

§11-13-2n. Business of Generating or Producing or Selling Electric Power; Exemptions; Rates

§11-13-2o. Business of Generating or Producing or Selling Electricity on and After June 1, 1995; Definitions; Rate of Tax; Exemptions; Effective Date

§11-13-2p. Credit Against Tax Based on the Taxable Generating Capacity of a Generating Unit Utilizing a Turbine Powered Primarily by Wind

§11-13-2q. Exemption From Tax for Certain Merchant Power Plants

§11-13-2r. Recomputation of Taxable Generating Capacity of Certain Coal-Fired Electric Generating Facilities; Imposition of Recapture Tax

§11-13-3. Exemptions; Annual Exemption and Periods Thereof

§11-13-3a. Deduction for Contributions to an Employee Stock Ownership Plan by a Manufacturer

§11-13-3b. Definitions; Reduction Allowed in Tax Due; How Computed

§11-13-3c. Tax Credit for Business Investment and Jobs Expansion

§11-13-3d. Tax Credit for Industrial Expansion and Industrial Revitalization, and Eligible Research and Development Projects

§11-13-3e. Tax Credit for Coal Loading Facilities; Regulations

§11-13-3f. Tax Credit for Reducing Electric, Natural Gas or Water Utility Rates for Low-Income Residential Customers; Regulations

§11-13-3g. Tax Credit for Increased Generation of Electricity From Coal

§11-13-4. Computation of Tax; Payment

§11-13-5. Return and Remittance by Taxpayer

§11-13-9. Tax Year

§11-13-10. Tax Cumulative

§11-13-13. Receivership or Insolvency Proceedings

§11-13-17. Priority in Distribution in Receivership, etc.; Personal Liability of Administrator

§11-13-18. Agents for Collection of Delinquent Taxes

§11-13-19. Certificate to Clerk of County Court of Assessment of Taxes

§11-13-25. Cities, Towns or Villages Restricted From Imposing Additional Tax

§11-13-26. Severability

§11-13-27. General Procedure and Administration

§11-13-28. Effective Date; Transition Rules

§11-13-29. Tax Commissioner to Furnish Comparative Study Reports to Governor and Legislature, Dates Therefor

§11-13-30. Tax Credit for Coal Coking Facilities; Regulations

§11-13-31. Credit for Consumers Sales and Service Tax and Use Tax Paid