W. Va. Code R. § 110-15F-15 - Refunds
15.1. A customer
who pays West Virginia sales or use tax to a vendor when no tax is due may
either seek a refund of the tax paid from that vendor or apply to the State Tax
Department for a refund.
15.1.1. Retailers
are encouraged to refund the tax to any customer who was charged sales or use
tax on an exempt purchase. Customers who were charged tax by a vendor for an
exempt purchase should take their tax paid receipt to the retailer to
facilitate obtaining the refund.
15.1.2. If the retailer has not already
remitted the tax to the State Tax Department, the retailer should simply refund
the tax to the customer. If the retailer has remitted the tax to the State Tax
Department, the retailer should refund the tax to the customer and then take a
credit for the tax refunded on the retailer's next sales or use tax
return.
15.2. If the
retailer refuses to refund the tax, the customer may file a claim for refund
with the State Tax Department. The original sales receipt showing (1) the date
of the purchase, (2) a description of the item purchased, (3) the name of the
retailer, (4) the place or store number where the sale was made, and (5) the
amount of tax paid shall be attached to the claim for refund.
15.3. The State Tax Department may not refund
sales or use tax paid to another state.
Notes
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