West Virginia Code
Article 14C. Motor Fuel Excise Tax
§11-14C-47. Disposition of Tax Collected; Dedicated Receipts; Reports

(a) There is hereby created and established in the State Treasury a special revolving fund to be known and designated as the "Motor Fuel General Tax Administration Fund." The commissioner is authorized to retain one half of one percent of the tax collected pursuant to the provisions of this article: Provided, That in any fiscal year in which the tax collected pursuant to the provisions of this article exceed $300 million, the commissioner is authorized to retain an additional one percent of the tax in excess of the $300 million that is collected. The amounts retained by the commissioner under this subsection shall be deposited in the motor fuel general tax administration fund and may be expended for the general administration of taxes imposed by this chapter.
(b) All remaining tax collected under the provisions of this article after deducting the amount of any refunds lawfully paid shall be paid into the state road fund and used only for the purpose of construction, reconstruction, maintenance and repair of highways, matching of federal moneys available for highway purposes and payment of the interest and sinking fund obligations on state bonds issued for highway purposes.
(c) Not less than monthly, beginning July 1, 2007, the Commissioner of Highways shall report to the Joint Committee on Government and Finance or its designated subcommittee on the amount of tax paid into the state road fund under subsection (b) of this section, any matching federal funds, and all expenditures therefrom.

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