West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-19 - Soft Drink Tax
Section 110-19-5b - Disposition Of Unused Crowns; Penalty For Violation

Universal Citation: 110 WV Code of State Rules 110-19-5b

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

5b.1. Unused tax crowns upon which the tax imposed by W. Va. Code '11-19-1 et seq. and this regulation has not been paid and which the original purchaser has not used and does not intend to use, and which are fit for use, shall be disposed of in the following manner only:

5b.1.1. By returning same to the manufacturer thereof and receiving from such manufacturer a certificate which shall indicate the name of the person returning the crowns, the date of return, the name of the crown manufacturer, and the number and denominations of crowns returned; or

5b.1.2. By transferring such crowns to any person and receiving in exchange therefor a certificate issued by the Commissioner authorizing the transferee to acquire such crowns; or

5b.1.3. By requesting a refund of tax actually paid in the case of the destruction of unused tax-paid crowns or, for bonded accounts handling tax-not-paid crowns, by requesting permission to make an adjustment reducing inventory. In either case, the destruction must be witnessed by a representative of the State Tax Department, and any request for refund or inventory adjustment must be accompanied by an affidavit stating the date, the quantity, and denomination of crowns involved, and the method of their destruction.

5b.2. Upon receipt of either such certificate, the Commissioner shall credit the account of the original purchaser in the amount indicated by the certificate.

5b.3. In the event of the disposition of such crowns in a manner not authorized by W. Va. Code '11-19-1 et seq. and this regulation, the original purchaser thereof or his estate, and/or any person (whether acting in an official capacity or otherwise) who shall make such unauthorized disposition shall be liable for the amount of tax which the crowns represent; and, in addition, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five thousand dollars ($5,000) and imprisonment in the county jail for not less than sixty (60) days nor more than one (1) year, in the discretion of the court.

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