There is hereby levied and imposed on all wine sold after July 1, 2007, by suppliers to distributors, and including all wine sold and sent to persons 21 years of age or older who reside in West Virginia from direct shippers, except wine sold to the commissioner, a tax of twenty-six and four hundred six-thousandths cents per liter. Effective July 1, 2021, hard cider is excepted from this per liter tax and is taxed pursuant to 60-8A-3 of this code.
Before the 16th day of each month thereafter, every supplier, distributor and direct shipper shall make a written report under oath to the Tax Commissioner and the commissioner showing the identity of the purchasing person, the quantity, label and alcoholic content of wine sold by the supplier to West Virginia distributors or the direct shipper to persons 21 years of age or older who reside in West Virginia during the preceding month and at the same time shall pay the tax imposed by this article on the wine sold to the distributor or to persons 21 years of age or older who reside in West Virginia during the preceding month to the Tax Commissioner.
The reports shall contain other information and be in the form required by the Tax Commissioner. For purposes of this article, the reports required by this section shall be considered tax returns covered by the provisions of 11-10-1 et seq. of this code. Failure to timely file the tax returns within five calendar days of the 16th day of each month also subjects a supplier, distributor, and direct shipper to penalties under 60-8-18 of this code.
No wine imported, sold, or distributed in this state or sold and shipped to this state by a direct shipper shall be subject to more than one liter tax.
Structure West Virginia Code
Chapter 60. State Control of Alcoholic Liquors
§60-8-1. Construction and Application of Article
§60-8-3. Licenses; Fees; General Restrictions
§60-8-5. Refund or Credit of Taxes
§60-8-6a. Direct Shipper's License
§60-8-6b. Deliveries by Licensed Wine Specialty Shop
§60-8-16. Application for License
§60-8-17. License Issuance or Refusal; Terms of License
§60-8-19. To Whom Licensed Manufacturer May Sell
§60-8-20. Unlawful Acts Generally
§60-8-20a. Unlawful Acts by Persons
§60-8-21. Sale in Sealed, Labeled Packages Required
§60-8-22. Sales on Credit Prohibited; Exception
§60-8-23. Duties and Powers of Commissioner; Rules
§60-8-24. Disposition of Revenue
§60-8-25. Criminal Penalties; Public Nuisances
§60-8-27. Local Option Elections
§60-8-28. Wine Brand Licensing and Registration and Review of Wine Labels
§60-8-29. Affidavit of Compliance Required of Distributors and Suppliers
§60-8-30. Exclusive Franchise Agreements Prohibited
§60-8-32. Where Wine May Be Sold at Retail
§60-8-32a. Where Wine May Be Sold and Consumed for On-Premises Consumption
§60-8-33. Certain Prohibitions Not Applicable