WVC 11 - 14 C- 7
§11-14C-7. Tax on unaccounted-for motor fuel losses; liability.
(a) There is hereby annually levied a tax at the rate
specified by section five of this article on taxable
unaccounted-for motor fuel losses at a terminal in this state.
"Taxable unaccounted-for motor fuel losses" means the number of
gallons of unaccounted-for motor fuel losses that exceed one half
of one percent of the number of invoiced gallons removed from the
terminal during the year by a bulk transfer or at the terminal
rack. "Unaccounted-for motor fuel losses" means the difference
between: (1) The amount of motor fuel in inventory at the terminal
at the beginning of the year plus the amount of motor fuel received
by the terminal during the year; and (2) the amount of motor fuel
in inventory at the terminal at the end of the year plus the amount
of motor fuel removed from the terminal during the year.
Accounted-for motor fuel losses which have been approved by the
commissioner or motor fuel losses constituting part of a transmix
shall not constitute unaccounted-for motor fuel losses.
(b) The terminal operator whose motor fuel is unaccounted for
is liable for the tax levied by this section. Motor fuel received
by a terminal operator and not shown on an informational return
filed by the terminal operator with the commissioner as having been
removed from the terminal is presumed to be unaccounted-for motor
fuel losses. A terminal operator may rebut this presumption by
establishing that motor fuel received at a terminal, but not shown
on an informational return as having been removed from the terminal, was an accounted-for loss or constitutes part of a