West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-19 - Soft Drink Tax
Section 110-19-15 - Priority of Tax in Distributions of Property and Estates

Universal Citation: 110 WV Code of State Rules 110-19-15

Current through Register Vol. XLI, No. 38, September 20, 2024

15.1. In the distribution, voluntary or compulsory, in receivership, bankruptcy or otherwise, of the property or estate of any person, all soft drinks taxes due and unpaid shall be paid from the first money available for distribution in priority to all claims and liens, except for any taxes and debts due the United States which under federal law are given priority. Any person charged with the administration or distribution of any such property or estate who shall violate the provisions of this section shall be personally liable for any taxes accrued and unpaid under this article which are chargeable against the person whose property or estate is in administration or distribution.

15.2. There is a priority for all unpaid soft drinks tax in distributions of the property or estate of any person, and the tax must be paid from the first money available for distribution in priority to all other claims and liens, except for any taxes and debts due the United States which under federal law are given priority.

15.2.1. The distribution of property subject to federal tax liens is subject to the priority of such liens provided in the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq.).

15.2.2. The distribution of property in federal bankruptcy proceedings is subject to the priorities of debts and liens provided in the United States Bankruptcy Code ( 11 U.S.C. 101 et seq.).

15.2.3. This priority applies to the amount of tax, interest, additions to tax and penalties.

15.3. The priority applies to all distributions of the property or estate of any person. A "distribution" of property or estate is the sale or transfer of the property, or the disbursement of money resulting from the sale or transfer of the property or estate of any person. Distributions include, but are not limited to, the transfer of property or disbursement of proceeds of sales of property by any executor, administrator, receiver, trustee, fiduciary, special commissioner, or any public officer under judicial process; and distributions in any proceedings such as bulk sale, liquidation sale, estate sale, assignment for the benefit of creditors, interpleader action, and administrative or judicial proceeding for the dissolution of a partnership or corporation.

15.4. The priority does not apply to transactions that do not constitute distributions of property. These transactions include the sale or transfer of property in the ordinary course of the business of the owner of the property; and sales or transfers of any property by the owner or for consideration payable to the owner by the purchaser or transferee.

15.5. The priority applies to the distribution of all property, including but not limited to real property or any interest therein; tangible personal property, including fixtures, equipment, machinery, furniture and vehicles; intangible property, including accounts receivable, contract rights, bank accounts, stocks and bonds; and the proceeds from the sale or liquidation of any such property.

15.6. The priority requires payment of the tax from the first money that is available for distribution to lienors, creditors, beneficiaries, or any other person, after payment of costs, commissions, fees and reasonable expenses incurred in the preservation, storage, liquidation, or transportation of the property or estate.

15.7. The debt or claim for soft drinks taxes has priority over all claims and liens, except debts due the United States which under federal law are given priority.

15.7.1. Claims subject to this priority include any debt or obligation, liquidated or unliquidated, that does not constitute a lien upon the property or estate.

15.7.2. Liens subject to this priority include any charge or encumbrance on the property or estate for payment of any claim, debt or obligation, such as a deed of trust, judgment lien, security interest, vendors lien, execution lien, tax lien, mechanics lien, landlords lien and municipal lien.

15.7.3. The priority of the soft drinks tax debt in such distributions is not determined by the presence or absence of a perfected notice of tax lien, by the presence or absence of a perfected lien securing any competing claim or debt, or by the order in which any such competing liens were perfected.

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