Current through Register Vol. XLI, No. 38, September 20, 2024
28.1. Except as provided by section 28.2 of
these regulations, for each taxable year every corporation and partnership that
carries on any business activity or owns or maintains property in West Virginia
for the taxable year shall file a business activity report with the Tax
Commissioner. The report must be filed on or before the fifteenth day of the
fourth month after the end of the corporation or partnership's taxable year.
The filing of a report shall not be a factor in determining whether a
corporation or partnership is subject to taxation by this state.
28.2. A corporation or partnership is not
required to file a report under this section 28 and the subsections thereof of
these regulations if:
28.2.1. During the
taxable year for which a report is due, the corporation or partnership is
registered to engage in business in West Virginia in accordance with the
provisions of W. Va. Code '11-12-1 et
seq.;
28.2.2. A tax return was
filed for that taxable year for any of the taxes subject to the provisions of
W. Va. Code '11-10-1 et
seq;
28.2.3. The corporation or
partnership is a type of organization expressly exempted from taxation by West
Virginia or federal statute or regulation; or
28.2.4. The activities or interests in
property owned in this state by the corporation or partnership consist solely
of activities or property expressly exempted from taxation by West Virginia or
federal statute or regulation.
28.3. Until a report is filed in compliance
with this section 28 and the subsections thereof of these regulations, a
corporation or partnership may not pursue in the courts of this state any claim
not relating to tax liability:
28.3.1. That
arose under West Virginia law; or
28.3.2. On a contract that is executed under
West Virginia law, if the claim arose or the contract was executed before or
during the taxable year for which a report should have been filed. However, the
court in which such a claim is filed may allow the claim to be pursued if the
corporation or partnership:
28.3.2.1.
Establishes that it was not required to file a report under section 28.2 and
the subsections thereof of these regulations;
28.3.2.2. Files a report for each year for
which a report is due;
28.3.2.3.
Files a tax return for each year for which a return is due; or
28.3.2.4. Provides adequate security,
including a bond, in an amount sufficient to cover all tax liabilities,
including additions to tax, penalties and interest for each year for which tax
is due subject to the provisions of W. Va. Code '11-10-1 et
seq.
28.4. As
used in this section 28 and the subsections thereof of these regulations,
carrying on an activity or maintaining property in West Virginia includes, but
is not limited to, any of the following:
28.4.1. Maintaining an office or other place
of business in West Virginia;
28.4.2. The presence of employees, agents,
representatives or independent contractors in West Virginia, if they are
conducting business on behalf of the corporation or partnership, regardless of
whether the individual or person is residing or regularly stationed in West
Virginia;
28.4.3. Owning or
maintaining real property, tangible personal property, or intangible property
that is in West Virginia; or
28.4.4. Any activity of a financial
organization described in W. Va. Code ''11-23-5a(b)(4)(B)(i) through (x)
inclusive.
