WVC 11 - 14 C- 23
§11-14C-23. Deductions and discounts allowed a supplier and a
permissive supplier when filing a return.
(a) The supplier or permissive supplier may deduct from the
next monthly return those tax payments that were not remitted for
the previous month to the supplier or permissive supplier by any
licensed distributor or any licensed importer who removed motor
fuel on which the tax is due from the supplier's or permissive
supplier's terminal. The licensed supplier or permissive supplier
is eligible to take this deduction if the licensed supplier or
permissive supplier notifies the state within ten business days
after a return is due of any licensed distributor or importer who
did not pay to the supplier or permissive supplier the tax due by
the time the supplier or permissive supplier filed the monthly
, That when a licensed distributor or licensed
importer fails to remit the tax to the licensed supplier or
permissive supplier, the licensed supplier or permissive supplier
is not eligible to take the deduction for any tax payments that
accrue after the ten business day period referenced above for
delinquent distributors or importers. The notice shall be
transmitted to the state in the form required by the commissioner.
A supplier or permissive supplier is not liable for the tax a
licensee owes but fails to pay. If a licensee pays to a supplier
or permissive supplier the tax owed, but the payment occurs after
the supplier or permissive supplier has deducted the amount of the
tax on a return, the supplier or permissive supplier shall remit the payment to the commissioner with the next monthly return filed
subsequent to receipt of the tax.
(b) A supplier or permissive supplier who timely files a
return with the payment due may deduct, from the amount of tax
payable with the return, an administrative discount of one tenth of
one percent of the amount of tax payable to this state, not to
exceed five thousand dollars per month.
(c) For sales from permissive suppliers or suppliers to
licensed distributors, a supplier or permissive supplier shall
deduct three fourths of one percent of the tax due from the
licensed distributor as a discount to that licensed distributor.
The discount given to the licensed distributor shall be reported on
the supplier or the permissive supplier's next monthly return.
This discount only applies to sales from permissive suppliers and
suppliers to licensed distributors, and shall not apply to any
other transactions, including, but not limited to, licensed
distributor to licensed distributor transactions: Provided, That
if the permissive supplier and/or supplier is also a licensed
distributor, this discount shall not apply.