(a) Every nonresident contractor shall register with the Tax Commissioner prior to engaging in the performance of a contract in this state.
(b) (1) At the time of registration, the contractor shall deposit with the Tax Commissioner six percent of the amount the contractor is to receive for the performance of the contract which shall be held within a Contractors Use Tax Fund pending the completion of the contract, the determination of the taxes due this state under this article and article fifteen-a of this chapter because of such contract and the payment of the tax.
(2) In lieu of the deposit, the contractor may provide a corporate surety bond to be approved by the Tax Commissioner as to form, sufficiency, value, amount, stability, and other features necessary to provide a guarantee of payment of the compensating tax due this state.
(c) In addition, within thirty days after registration, under this section, the contractor shall file a statement with the Tax Commissioner itemizing the machinery, materials, supplies, and equipment that he has or will have on hand at the time he begins the fulfillment of the contract, including where such tangible personal property has been brought, shipped, or transported from outside this state upon which neither the tax imposed by this article nor article fifteen-a of this chapter has been paid, and shall pay the tax due thereon at the time of filing and thereafter shall report and pay the taxes as required by this article and article fifteen-a of this chapter.
Structure West Virginia Code
Article 15. Consumers Sales and Service Tax
§11-15-1. General Consumers Sales and Service Tax Imposed
§11-15-1a. Legislative Findings
§11-15-3. Amount of Tax; Allocation of Tax and Transfers
§11-15-4. Purchaser to Pay; Accounting by Vendor
§11-15-4a. Noncollection of Tax; Liability of Vendor
§11-15-4b. Liability of Purchaser; Assessment and Collection
§11-15-5. Total Amount Collected Is to Be Remitted
§11-15-6. Vendor Must Show Sale or Service Exempt; Presumption
§11-15-7. Tax on Gross Proceeds of Sales or Value of Manufactured, etc., Products
§11-15-7a. Tax on the Manufacture, Sale and Installation of Modular Dwellings
§11-15-8. Furnishing of Services Included; Exceptions
§11-15-8b. Nonresident Contractor--Registration, Bond, etc.
§11-15-8d. Limitations on Right to Assert Exemptions
§11-15-9a. Exemptions; Exceptions for Sales of Liquors and Wines to Private Clubs
§11-15-9e. Apportionment of Purchase Price; Existing Contracts Protected
§11-15-9f. Exemption for Sales and Services Subject to Special District Excise Tax
§11-15-9g. Exemption for Clothing, Footwear and School Supplies for Limited Period in the Year 2004
§11-15-9j. Direct Pay Permits for Health Care Providers
§11-15-9k. Annual Exemption for Purchases of Energy Efficient Products
§11-15-9l. Exemption for Sales of Clothing and Clothing Accessories by Tax-Exempt Organizations
§11-15-9m. Discretionary Designation of per Se Exemptions
§11-15-9q. Exemption for Sales by Schools and Volunteer School Support Groups
§11-15-9r. Exemption for Precious Metals
§11-15-9u. Exemption for Sales of Small Arms and Ammunitions
§11-15-10. Tax Paid by Ultimate Consumer
§11-15-11. Exemption for Certain Organizations
§11-15-12. Agreements by Competing Taxpayers
§11-15-13. Remittance of Tax When Sale on Credit
§11-15-14. When Separate Records of Sales Required
§11-15-15. Sales to Affiliated Companies or Persons
§11-15-16. Tax Return and Payment; Exception; Requiring a Combined Return
§11-15-17. Liability of Officers of Corporation, etc.
§11-15-18. Tax on Gasoline and Special Fuel; Section Repealed January 1, 2004
§11-15-18a. Receivership; Bankruptcy; Priority of Tax
§11-15-19. Other Times for Filing Returns
§11-15-20. Quarterly and Annual Returns
§11-15-21. Annual Return; Extension of Time
§11-15-22. Consolidated Returns
§11-15-23. Keeping and Preserving of Records
§11-15-25. Records of Nonresidents Doing Business in State
§11-15-26. Records of Tax Commissioner; Preservation of Returns
§11-15-30. Proceeds of Tax; Appropriation of Certain Revenues
§11-15-31. Construction and Severability