(a) General rule. -- Except as provided in subsection (b) of this section, taxes levied under section three-a, three-b or three-c of this article are due and payable in periodic installments as follows:
(1) Tax of fifty dollars or less per month. -- If a person's annual tax liability under this article is reasonably expected to be $50 or less per month, no installment payments of tax are required under this section during that taxable year.
(2) Tax of more than $1,000 per month. -- For taxpayers whose estimated tax liability under this article exceeds $1,000 per month, the tax is due and payable in monthly installments on or before the last day of the month following the month in which the tax accrued: Provided, That the installment payment otherwise due under this subdivision on or before June 30 each year shall be remitted to the Tax Commissioner on or before June 15 each year:
(A) Each taxpayer shall, on or before the last day of each month, make out an estimate of the tax for which the taxpayer is liable for the preceding month, sign the estimate and mail it together with a remittance, in the form prescribed by the Tax Commissioner, of the amount of tax due to the office of the Tax Commissioner: Provided, That the installment payment otherwise due under this paragraph on or before June 30 each year shall be remitted to the Tax Commissioner on or before June 15.
(B) In estimating the amount of tax due for each month, the taxpayer may deduct one twelfth of any applicable tax credits allowable for the taxable year, and one twelfth of any annual exemption allowed for that year.
(3) Tax of $1,000 per month or less. -- For taxpayers whose estimated tax liability under this article is $1,000 per month or less, the tax is due and payable in quarterly installments on or before the last day of the month following the quarter in which the tax accrued:
(A) Each taxpayer shall, on or before the last day of the fourth, seventh and tenth months of the taxable year, make out an estimate of the tax for which the taxpayer is liable for the preceding quarter, sign the same and mail it together with a remittance, in the form prescribed by the Tax Commissioner, of the amount of tax due to the office of the Tax Commissioner.
(B) In estimating the amount of tax due for each quarter, the taxpayer may deduct one fourth of any applicable tax credits allowable for the taxable year, and one fourth of any annual exemption allowed for that year.
(b) Exceptions. -- (1) Notwithstanding the provisions of subsection (a) of this section, the Tax Commissioner, if he or she considers it necessary to ensure payment of the tax, may require the return and payment under this section for periods of shorter duration than those prescribed in subsection (a) of this section.
(2) Notwithstanding the provisions of subsection (a) of this section, taxpayers remitting tax on the privilege of severing timber may deduct the annual tax credit allowed in section ten of this article only on the annual return filed for any taxable year beginning on or after July 1, 1998. These taxpayers may not deduct any portion of the annual tax credit when they determine the amount of periodic installment payments of timber severance tax due during their taxable year.
Structure West Virginia Code
Article 13A. Severance and Business Privilege Tax Act
§11-13A-1. Short Title; Arrangement and Classification
§11-13A-3a. Imposition of Tax on Privilege of Severing Natural Gas or Oil
§11-13A-3b. Imposition of Tax on Privilege of Severing Timber
§11-13A-3c. Imposition of Tax on Privilege of Severing Other Natural Resources
§11-13A-3d. Imposition of Tax on Privilege of Severing Coalbed Methane
§11-13A-4. Treatment Processes as Production
§11-13A-5. Oil and Gas Operating Unit
§11-13A-7. Accounting Periods and Methods of Accounting
§11-13A-8. Time for Filing Annual Returns and Other Documents
§11-13A-9a. Periodic Installment Payments of Tax Imposed by Section Three of This Article
§11-13A-10. Paying Tax; Annual Tax Credit
§11-13A-11. Extension of Time for Filing Returns
§11-13A-12. Extension of Time for Paying Tax
§11-13A-13. Place for Filing Returns or Other Documents
§11-13A-14. Time and Place for Paying Tax Shown on Returns
§11-13A-15. Signing of Returns and Other Documents
§11-13A-16. Bond of Taxpayer May Be Required
§11-13A-17. Collection of Tax; Agreement for Processor to Pay Tax Due From Severor
§11-13A-19. General Procedure and Administration
§11-13A-20. Crimes and Penalties
§11-13A-20a. Dedication of Tax