West Virginia Code
Article 14C. Motor Fuel Excise Tax
§11-14C-40. Filing a False Return; Failure to File Return; Civil Penalty

(a) Any person liable for a tax levied under this article who files a false return, report or document under the provisions of this article with the intent to evade the tax levied by section five of this article is subject to a civil penalty equal to the total amount of tax evaded, or not collected, by the filing of a return, report or document. The civil penalty is in addition to the amount of the tax evaded or not collected.
(b) Any person liable for a tax levied under this article who fails to file, even if no tax is due, within thirty days after it is due any return required by this article is subject to a civil penalty of $50 for each month, or part thereof, the return is not filed. The civil penalty is in addition to the amount of tax not correctly returned.
(c) Any person required to file a return under this article who fails to file within thirty days after it is due is subject to a civil penalty of $50 for each month, or part thereof, the return is not filed.
(d) Civil penalties prescribed under this section shall be assessed, collected and paid in the same manner as the motor fuel tax.

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