West Virginia Code
Article 14C. Motor Fuel Excise Tax
§11-14C-25. Returns and Discounts of Importers

(a) The monthly return of an importer shall contain the following information for the period covered by the return and any other information required by the commissioner:
(1) The number of invoiced gallons of imported motor fuel acquired from a supplier or permissive supplier who collected the tax due this state on the motor fuel;
(2) The number of invoiced gallons of imported motor fuel acquired from a person who did not collect the tax due this state on the motor fuel, listed by type of motor fuel, source state, person and terminal;
(3) The number of invoiced gallons of imported motor fuel acquired from a bulk plant outside this state, listed by bulk plant name, address and type of motor fuel; and
(4) The import confirmation number, as may be required under section thirty-five of this article, of each import that is reported under subdivision (2) or (3) of this subsection, as applicable, and was removed from a terminal or bulk plant.
(b) An importer that imports by transport vehicle or another means of transfer outside the terminal transfer system motor fuel removed from a terminal located in another state in which: (1) The state from which the motor fuel is imported does not require the seller of the motor fuel to collect a motor fuel excise tax on the removal either at that state's rate or the rate of the destination state; and (2) the seller of the motor fuel is not a licensed supplier or permissive supplier, who timely files a return with the payment due, may deduct, from the amount of tax payable with the return, an administrative discount of one tenth of one percent of the amount of tax payable by the importer to this state not to exceed $5,000 per month.

Structure West Virginia Code

West Virginia Code

Chapter 11. Taxation

Article 14C. Motor Fuel Excise Tax

§11-14C-1. Short Title; Nature of Tax

§11-14C-2. Definitions

§11-14C-3. Rules; Forms

§11-14C-4. Exchange of Information; Criminal Penalty for Unauthorized Disclosure

§11-14C-5. Taxes Levied; Rate

§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-13. Bond Requirements

§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-23. Deductions and Discounts Allowed a Supplier and a Permissive Supplier When Filing a Return

§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-28. Exports

§11-14C-29. Identifying Information Required on Return

§11-14C-30. Refund of Taxes Erroneously Collected, etc.; Refund for Gallonage Exported or Lost Through Casualty or Evaporation; Change of Rate; Petition for Refund

§11-14C-31. Claiming Refunds

§11-14C-32. Payment of Refund

§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-42. Unlawful Importing, Transportation, Delivery, Storage or Sale of Motor Fuel; Sale to Enforce Assessment

§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