West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-99 - Privilege Tax On Sales Of Hemp-Derived Cannabinoid And Kratom Products
Section 110-99-4 - Administration of Tax
Universal Citation: 110 WV Code of State Rules 110-99-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Filing returns. -- The retailer shall file quarterly returns showing gross revenues from all sales of hemp-derived cannabinoid or kratom products on a form prescribed by the Tax Commissioner.
4.1.1. The
return shall be filed on the 20th day of the month following the end of each
calendar quarter. For example, for the calendar quarter ending March 31, the
return must be filed by the following April 20.
4.1.2. Returns shall be filed
electronically.
4.2. Payment of tax.
4.2.1. The privilege tax on
sales of hemp-derived cannabinoid and kratom products is due and payable at the
time the return is filed.
4.2.2.
The measure of tax shall be the gross revenues from all sales of hemp-derived
cannabinoid or kratom products during the previous calendar quarter.
4.2.3. Payment of the tax shall be by
electronic funds transfer, unless prohibited by federal law.
4.3. Products containing both hemp-derived cannabinoids and kratom. -- Products containing both hemp-derived cannabinoids and kratom are not subject to both the tax on hemp-derived cannabinoids products and the tax on kratom products. If a product contains both hemp-derived cannabinoids and kratom, the retailer shall treat the product as a kratom product for the purposes of this rule and pay the tax on kratom products.
4.3.1. If a product contains both
hemp-derived cannabinoids and kratom and is subject to tax on kratom, the
retailer shall treat the product as a kratom product for the purposes of this
rule and pay the tax on kratom products. Example: Gummies contain both Delta-9
and kratom. Because the gummies are for human consumption, they are subject to
tax on kratom products. The retailer should report and pay the privilege tax as
a kratom product.
4.3.2. If the
product contains both hemp-derived cannabinoids and kratom, but is not subject
to the tax on kratom, then the retailer may treat the product as a hemp-derived
cannabinoid product. Example: A lotion contains both Delta-9 and kratom.
Because the lotion is not for human consumption, it is not subject to the tax
on kratom products. The retailer should report and pay the privilege
tax.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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