(a) General. -- Sellers and certified service providers registered under the streamlined sales and use tax agreement to collect sales and use taxes imposed by this state or a political subdivision of this state who charged and collected the incorrect amount of sales or use taxes resulting from the seller or the certified service provider relying on erroneous data provided by this state on tax rates, boundaries or taxing jurisdiction assignments shall be held harmless by the Tax Commissioner and the local taxing jurisdiction.
(b) Exception. -- After providing adequate notice as determined by the governing board, if the state provides an address-based database for assigning taxing jurisdictions pursuant to subdivision (4) or (5), subsection (d), section thirty-five of this article, the state may cease providing liability relief for errors resulting from reliance on the database provided by the Tax Commissioner under subdivision (3) of said subsection. If a seller demonstrates that requiring the use of the address-based database would create an undue hardship, the Tax Commissioner and the governing board may extend the relief from liability to that seller for a designated period of time.
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