11-13-1 Definitions
11-13-2 Imposition of privilege tax
11-13-2e Business of gas storage; effective date
11-13-2f Manufacturing or producing synthetic fuel from coal; rate and measure of tax; definitions; dedication, deposit and distribution of tax; expenditure of distributions received by synthetic fuel-producing counties for economic development and infrastructure
11-13-2m Business of generating or producing electric power; exception; rates
11-13-2n Business of generating or producing or selling electric power; exemptions; rates
11-13-2o Business of generating or producing or selling electricity on and after June 1, 1995; definitions; rate of tax; exemptions; effective date
11-13-2p Credit against tax based on the taxable generating capacity of a generating unit utilizing a turbine powered primarily by wind
11-13-3 Exemptions; annual exemption and periods thereof
11-13-3a Deduction for contributions to an employee stock ownership plan by a manufacturer
11-13-3b Definitions; reduction allowed in tax due; how computed
11-13-3c Tax credit for business investment and jobs expansion
11-13-3d Tax credit for industrial expansion and industrial revitalization, and eligible research and development projects
11-13-3e Tax credit for coal loading facilities; regulations
11-13-3f Tax credit for reducing electric, natural gas or water utility rates for low-income residential customers; regulations
11-13-3g Tax credit for increased generation of electricity from coal
11-13-4 Computation of tax; payment
11-13-5 Return and remittance by taxpayer
11-13-9 Tax year
11-13-10 Tax cumulative
11-13-13 Receivership or insolvency proceedings
11-13-17 Priority in distribution in receivership, etc.; personal liability of administrator
11-13-18 Agents for collection of delinquent taxes
11-13-19 Certificate to clerk of county court of assessment of taxes
11-13-25 Cities, towns or villages restricted from imposing additional tax
11-13-26 Severability
11-13-27 General procedure and administration
11-13-28 Effective date; transition rules
11-13-29 Tax commissioner to furnish comparative study reports to Governor and Legislature, dates therefor
11-13-30 Tax credit for coal coking facilities; regulations
11-13-31 Credit for consumers sales and service tax and use tax paid
11-13-2q Exemption from tax for certain merchant power plants
11-13-2r Recomputation of taxable generating capacity of certain coal-fired electric generating facilities; imposition of recapture tax
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Terms Used In West Virginia Code > Chapter 11 > Article 13 - Business and Occupation Tax

  • Association: means a partnership, limited partnership or any other form of unincorporated enterprise, owned or conducted by two or more persons. See West Virginia Code 11-22-1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Business: shall include all activities engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. See West Virginia Code 11-13-1
  • Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means a corporation or joint-stock association, organized under the laws of this state, the United States or any other state, territory or foreign country or dependency including, but not limited to, banking institutions. See West Virginia Code 11-22-1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gas: means either natural gas unmixed or any mixture of natural and artificial gas or any other gas. See West Virginia Code 11-13-1
  • Gross income: means the gross receipts of the taxpayer, received as compensation for personal services and the gross receipts of the taxpayer derived from trade, business, commerce or sales and the value proceeding or accruing from the sale of tangible property (real or personal) or service, or both, and all receipts by reason of the investment of the capital of the business engaged in, including rentals, royalties, fees, reimbursed costs or expenses or other emoluments however designated and including all interest, carrying charges, fees or other like income, however denominated, derived by the taxpayer from repetitive carrying of accounts, in the regular course and conduct of his or her business, and extension of credit in connection with the sale of any tangible personal property or service and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties paid in cash or in kind or otherwise, interest or discount paid or any other expenses whatsoever. See West Virginia Code 11-13-1
  • Gross proceeds of sales: means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind. See West Virginia Code 11-13-1
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited liability company: means a limited liability company organized under the laws of this state, the United States or by any other state, territory or the District of Columbia. See West Virginia Code 11-22-1
  • Net number of dekatherms of gas injected: means the sum of the daily injection of dekatherms of gas in excess of the sum of the daily withdrawals of dekatherms of gas during a tax month. See West Virginia Code 11-13-1
  • Net number of dekatherms of gas withdrawn: means the sum of the daily withdrawal of dekatherms of gas in excess of the sum of the daily injection of dekatherms of gas during a tax month. See West Virginia Code 11-13-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means every natural person, association or corporation. See West Virginia Code 11-22-1
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Producer: means the person who is actually engaged in the agriculture, horticulture and grazing which gives existence and fruition to products of agriculture as distinguished from the broker or middleman. See West Virginia Code 11-5-3
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • selling: includes any transfer of or title to property or electricity, whether for money or in exchange for other property. See West Virginia Code 11-13-1
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Storage reservoir: means that portion of any subterranean sand or rock stratum or strata into which gas has been injected for the purpose of storage prior to March 1, 1989. See West Virginia Code 11-13-1
  • tax month: means the calendar month. See West Virginia Code 11-13-1
  • Tax year: means the calendar year following the July first assessment day or, in the case of a public service business assessed pursuant to article six of this chapter, the calendar year beginning on the January first assessment day. See West Virginia Code 11-5-3
  • Taxable year: means the calendar year, or the fiscal year ending during the calendar year, upon the basis of which tax liability is computed under this article. See West Virginia Code 11-13-1
  • Taxpayer: means any person liable for any tax hereunder. See West Virginia Code 11-13-1
  • Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
  • Value: means in the case of any document not a gift, the amount of the full actual consideration for the document, paid or to be paid, including the amount of any lien or liens assumed. See West Virginia Code 11-22-1