West Virginia Code
Article 14C. Motor Fuel Excise Tax
§11-14C-44. Inspection of Records

(a) The commissioner may, during the usual business hours of the day, examine records, books, papers, storage tanks and any other equipment of any person required to maintain records for the purpose of ascertaining the quantity of motor fuel received, produced, manufactured, refilled, compounded, used, sold, shipped, or delivered, to verify the truth and accuracy of any statement, report or return or to ascertain whether or not the tax levied by this article has been paid.
(b) If a person required to maintain records is open for business during hours which the commissioner may not consider usual business hours, the commissioner may examine the person's books and records during the person's normal business hours, which are those hours when the person is open for business at any of the person's places of business. If the person does not maintain the books and records on the premises, the commissioner may inspect the books and records where they are maintained, irrespective of the working hours at the location, as long as one of the person's places of business maintains hours at the time of day during which the commissioner asserts his or her inspection powers.
(c) While performing inspections authorized by section forty-five of this article, the commissioner may also inspect the books and records kept to determine any motor fuel tax liability under this article.

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