H. B. 4364
(By Delegates Stephens, Perdue and R. Thompson)
[Introduced February 1, 2002; referred to the
Committee on Finance.]
A BILL to amend article fifteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section four-c,
relating to directing the tax commissioner to designate the
fifteenth of April each year as "No Tax Day," on which day a
vendor or retailer may assume the sales tax on behalf of a
purchaser or consumer; and requiring proposal of rules.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four-c,
to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-4c. "No Tax Day" promotion.
Notwithstanding any provision in this article to the contrary,
the tax commissioner shall designate the fifteenth of April each
year as "No Tax Day," on which day a vendor or retailer engaging in
business in this state may assume the consumer sales and service
tax on behalf of a purchaser or consumer instead of adding the tax
to the selling price of the product or service sold. The vendor
or retailer shall remit to the state any sales and service tax
liabilities assumed on behalf of a purchaser or consumer. For
purposes of this section, "No Tax Day" is a continuous twenty-four
hour period beginning at 12:00 midnight the fifteenth of April and
ending at 12:00 midnight the sixteenth of April. The tax
commissioner shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement the provisions of this
section.
NOTE: The purpose of this bill is to designate April 15th of
each year as "No Tax Day," on which day a vendor or retailer can
assume the sales tax owed by purchasers or consumers instead of
adding the tax to the price of the product or service sold.
This section is new; therefore, strike-throughs and
underscoring have been omitted.