WEST virginia legislature
2018 regular session
Senate Bill 461
By Senators Ferns and Cline
1, 2018; Referred
to the Committee on Finance]
A BILL to amend and reenact §11-14C-31 of the Code of West Virginia, 1931, as amended, relating to petitions for tax refunds; and extending the time period to file a petition for motor fuel excise tax refunds.
Be it enacted by the Legislature of West Virginia:
ARTICLE 14C. MOTOR FUEL EXCISE TAX.
§11-14C-31. Claiming refunds.
(a) Any person seeking a refund pursuant to §11-14C-9(c) or §11-14C-9(d) of this code shall present to the commissioner a petition for refund in the form required by the commissioner and provide the information required by the commissioner. The Tax Commissioner may require the petitioner to provide the original or duplicate original sales slips or invoices from the distributor or producer or retail dealer, as the case may be, showing the amount of the purchases, together with evidence of payment thereof, and a statement stating how the motor fuel was used: Provided, That sales slips or invoices marked "duplicate" are not acceptable: Provided, however, That certified copies of sales slips or invoices are acceptable: Provided further, That copies of sales slips and invoices may be used with any application for refund made under authority of §11-14C-9(c) of this code when the motor fuel is used to operate tractors and gas engines or threshing machines for agricultural purposes: And provided further, That a refund claim made under the authority of §11-14C-9(c)(1) of this code and a refund claim made under the authority of §11-14C-9(d)(1) of this code shall be accompanied by such verification as prescribed by the Tax Commissioner: And provided further, That billing statements and electronic invoices are acceptable in lieu of original invoices at the discretion of the Tax Commissioner: And provided further, That the person claiming a refund under §11-14C-9(c) or §11-14C-9(d) of this code shall retain for at least three years following the postmark date of the application for refund a copy of the invoices, sales slips and billing statements for which the refund was claimed.
(b) Any person claiming a refund pursuant to section thirty of this article shall file a petition in writing with the commissioner. The petition shall be in the form and with supporting records as required by the commissioner and made under the penalty of perjury.
(c) The right to receive any refund under the provisions of this section is not assignable and any assignment thereof is void and of no effect. No payment of any refund may be made to any person other than the original person entitled to claim the refund except as otherwise expressly provided in this article. The commissioner shall cause a refund to be made under the authority of this section only when the claim for refund is filed with the commissioner within the following time periods:
(1) A petition for refund under §11-14C-30 of this code, other than for evaporation loss, shall be filed with the commissioner within three years from the end of the month in which: (A) The tax was erroneously or illegally paid; (B) the gallons were exported or lost by casualty; or (C) a change of rate took effect;
(2) A petition for refund under §11-14C-30 of this code for evaporation loss shall be filed within three years from the end of the year in which the evaporation occurred;
(3) A petition for refund under §11-14C-9(c) or §11-14C-9(d) of
this code shall be filed with the commissioner
on or before the last day of
January, April, July and October within three years from the end of the
calendar year for purchases of motor fuel during the immediately
preceding calendar quarter calendar year: Provided, That any
application for refund made under authority of §11-14C-9(c) or §11-14C-9(d) of this code when the motor fuel is used
to operate tractors and gas engines or threshing machines for agricultural
purposes shall be filed within 12 months from the month of purchase or delivery
of the motor fuel: Provided, however, That all persons authorized to
claim a refundable exemption under the authority of §11-14C-9(c)(1)
inclusive, §11-14C-9(d)(1) §11-14C-9(d)(6), of this code shall do so no later than
August 31 for the purchases of motor fuel made during the preceding fiscal year
ending June 30.
(d) Any petition for a refund not timely filed is not construed to be or constitute a moral obligation of the State of West Virginia for payment. Every petition for refund is subject to the provisions of §33-10-14 of this code.
(e) The commissioner may make any investigation considered necessary before refunding to a person the tax levied by §11-14C-5 of this code. The commissioner may also subject to audit the records related to a refund of the tax levied by section five of this article.
NOTE: The purpose of this bill is to extend the time period to file a petition for motor fuel excise tax refunds.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.