(a) General.--
A seller who registers with this state is required to file a single sales and use tax return with the Tax Commissioner for each taxing period.
(b) Due date of return.--
(1) This return shall be due on the twentieth day of the month following the month in which the transaction subject to tax occurred.
(2) When the due date for a return falls on a Saturday or Sunday or legal holiday, the return shall be due on the next succeeding business day. If the return is filed in conjunction with a remittance and the remittance cannot be made pursuant to subdivision (e), section twenty-six of this article, the return shall be accepted as timely on the same day as the remittance under that subdivision.
(c) Additional information returns.--
The Tax Commissioner shall make available to all sellers, except sellers of products qualifying for exclusion from the provisions of the agreement, a simplified return that is filed electronically.
(d) The Tax Commissioner may not require a seller which has indicated at the time of registration that it anticipates making no sales which would be sourced to this state to file a return, except that the seller shall lose the exemption upon making any taxable sales into this state and shall file a return in the month following any sale.
(e) After January 1, 2010, the Tax Commissioner shall give notice to a seller, which has no legal requirement to register in this state, of a failure to file a required return and a minimum of thirty days to file thereafter prior to establishing a liability amount for taxes based solely on the seller's failure to timely file a return: Provided, That the Tax Commissioner may establish a liability amount of taxes based solely on the seller's failure to timely file a return if such seller has a history of nonfiling or late filing.
(f) Nothing in this section shall prohibit the Tax Commissioner from allowing additional return options or the filing of returns less frequently.
Structure West Virginia Code
Article 15B. Streamlined Sales and Use Taxes
§11-15B-2a. Streamlined Sales and Use Tax Agreement Defined
§11-15B-2b. Telecommunications Definitions
§11-15B-3. Legislative Findings
§11-15B-4. Authority to Participate in Multistate Negotiations
§11-15B-4a. Representatives to Governing Board of Streamlined Sales and Use Tax Agreement
§11-15B-5. Authority to Enter Agreement
§11-15B-6. Relationship to State Law
§11-15B-7. Agreement Requirements
§11-15B-8. Cooperating Sovereigns
§11-15B-9. Limited Binding and Beneficial Effect
§11-15B-10. Seller and Third-Party Liability
§11-15B-11. Seller Registration
§11-15B-13. Amnesty for Registration
§11-15B-14. General Sourcing Definitions
§11-15B-14a. Application of General Sourcing Rules and Exclusion From the Rules
§11-15B-15. General Transaction Sourcing Rules
§11-15B-17. Direct Mail Sourcing
§11-15B-18. Relief From Certain Liability for Purchasers
§11-15B-19. Telecommunications and Related Services Sourcing Rule
§11-15B-20. Telecommunication Sourcing Definitions
§11-15B-21. Notice for State Tax Changes
§11-15B-22. Effective Date of Rate Changes for Certain Services
§11-15B-23. Enactment of Exemptions
§11-15B-24. Administration of Exemptions
§11-15B-25. Uniform Tax Returns
§11-15B-26. Uniform Rules for Remittances of Funds
§11-15B-27. Uniform Rules for Recovery of Bad Debt
§11-15B-28. Confidentiality and Privacy Protections Under Model I
§11-15B-29. Customer Refund Procedure
§11-15B-31. Conflict; Partial Unconstitutionality
§11-15B-33. State Administration of Local Sales and Use Taxes
§11-15B-34. State and Local Sales and Use Tax Bases
§11-15B-35. Local Rate and Boundary Changes
§11-15B-36. Relief From Certain Liability for State and Local Taxes