(a) If the commissioner cancels the license of a distributor or importer, the commissioner shall notify all suppliers and permissive suppliers of the cancellation. If the commissioner issues a license to a distributor or importer whose license was previously canceled, the commissioner shall notify all suppliers and permissive suppliers of the issuance.
(b) A supplier or permissive supplier who sells motor fuel to a distributor or importer after receiving notice from the commissioner that the commissioner has canceled the distributor's or importer's license is jointly and severally liable with the distributor or importer for any tax due on motor fuel sold to the distributor or importer subsequent to receipt of the notice: Provided, That the supplier or permissive supplier is not liable for tax due on motor fuel sold to a previously unlicensed distributor or importer after the supplier or permissive supplier receives notice from the commissioner that the commissioner has issued another license to the distributor or importer.
(c) If the commissioner cancels the license of a supplier or permissive supplier, the commissioner shall notify all licensed distributors, exporters and importers of the cancellation. If the commissioner issues a license to a supplier or permissive supplier whose license was previously canceled, the commissioner shall notify all licensed distributors, exporters, and importers of the issuance.
(d) A licensed distributor, exporter or importer who purchases motor fuel from a supplier or permissive supplier after receiving notice from the commissioner that the commissioner has canceled the supplier's or permissive supplier's license is jointly and severally liable with the supplier or permissive supplier for any tax due on motor fuel purchased from the supplier or permissive supplier after receiving the notice: Provided, That a licensed distributor that purchases motor fuel from a supplier or permissive supplier whose license has been canceled shall file a tax return on or before the last day of the month following the month in which the purchase occurred. The return shall include the following information and any other information required by the commissioner:
(1) The number of invoiced gallons of tax paid motor fuel, sorted by type of motor fuel, terminal code, name of seller, point of origin and carrier; and
(2) The number of invoiced gallons of untaxed motor fuel, sorted by type of motor fuel, terminal code, name of seller, point of origin and carrier.
The licensed distributor, exporter or importer is not liable for tax due on motor fuel purchased from a previously unlicensed supplier or permissive supplier after the licensee receives notice from the commissioner that the commissioner has issued another license to the supplier or permissive supplier.
Structure West Virginia Code
Article 14C. Motor Fuel Excise Tax
§11-14C-1. Short Title; Nature of Tax
§11-14C-4. Exchange of Information; Criminal Penalty for Unauthorized Disclosure
§11-14C-6. Point of Imposition of Motor Fuels Tax
§11-14C-6a. Point of Imposition of Motor Fuels Tax on Alternative Fuel
§11-14C-7. Tax on Unaccounted-for Motor Fuel Losses; Liability
§11-14C-8. Backup Tax; Liability
§11-14C-9. Exemptions From Tax; Claiming Refunds of Tax
§11-14C-9a. Additional Exemptions From Tax
§11-14C-10. Persons Required to Be Licensed
§11-14C-11. License Application Procedure
§11-14C-12. Permissive Supplier Requirements on Out-of-State Removals
§11-14C-14. Grounds for Denial of License
§11-14C-15. Issuance of License
§11-14C-16. Notice of Discontinuance, Sale or Transfer of Business
§11-14C-17. License Cancellation
§11-14C-18. Records and Lists of License Applicants and Licensees
§11-14C-19. When Tax Return and Payment Are Due
§11-14C-20. Remittance of Tax to Supplier or Permissive Supplier
§11-14C-21. Notice of Cancellation or Reissuance of Licenses; Effect of Notice
§11-14C-22. Information Required on Return Filed by Supplier or Permissive Supplier
§11-14C-24. Duties of Supplier or Permissive Supplier as Trustee
§11-14C-25. Returns and Discounts of Importers
§11-14C-26. Informational Returns of Terminal Operators
§11-14C-27. Informational Returns of Motor Fuel Transporters
§11-14C-29. Identifying Information Required on Return
§11-14C-33. General Procedure and Administration; Crimes and Penalties
§11-14C-34. Shipping Documents; Transportation of Motor Fuel; Civil Penalty
§11-14C-35. Import Confirmation Number; Civil Penalty
§11-14C-36. Improper Sale or Use of Untaxed Motor Fuel; Civil Penalty
§11-14C-37. Refusal to Allow Inspection or Taking of Fuel Sample; Civil Penalty
§11-14C-38. Engaging in Business Without a License; Civil Penalty
§11-14C-39. Preventing a Person From Obtaining a License; Civil Penalty
§11-14C-40. Filing a False Return; Failure to File Return; Civil Penalty
§11-14C-41. Willful Commission of Prohibited Acts; Criminal Penalties
§11-14C-43. Record-Keeping Requirements
§11-14C-44. Inspection of Records
§11-14C-45. Authority to Inspect
§11-14C-46. Marking Requirements for Dyed Diesel Fuel Storage Facilities
§11-14C-47. Disposition of Tax Collected; Dedicated Receipts; Reports
§11-14C-48. Motor Fuel Excise Tax Shortfall State Road Fund Support Payment