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Chapter 47     Entire Code
‹ Chapter 46B  |  Chapter 47A › Printer Friendly Versions
Chapter 47  |  Article 47 - 17
WVC 47 - CHAPTER 47. REGULATION OF TRADE.
WVC 47 - 17 - ARTICLE 17. REGULATION OF MOTOR FUEL CONTRACTS.

WVC 47 - 17 - 1 §47-17-1. Contracts for the payment of manufactures' excise taxes.
(a) If a contract requires one party to reimburse another party for taxes levied under Part III of Subchapter A of Chapter 32 of the federal Internal Revenue Code, the party making the reimbursement, at its option, shall not be required to reimburse the other party more than one business day before the other party is required to remit the taxes to the Internal Revenue Service.

(b) If a party chooses to exercise its option under subsection (a) of this section, and provision is not already provided in the contract, the party shall notify the other party in writing of its intention. The option may not be exercised until at least thirty days after the written notification or the beginning of the next federal tax quarter, whichever is later.

(c) The party to be reimbursed under subsection (a) of this section may require security from the reimbursing party for the payment of the taxes in proportion to the amount the taxes represent compared to the security required on the contract as a whole. The party to be reimbursed shall not change other payment terms of the contract due to the timing of the tax reimbursement, but may require the taxes to be reimbursed by electronic transfer of funds.

(d) This section applies to all continuing contracts now in effect that have no expiration date and all contracts entered into or renewed after the effective date of this section as enacted in two thousand five.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§47 - 11 E- 1 - (New Code)
§47 - 11 E- 2 - (New Code)
§47 - 11 E- 3 - (New Code)
§47 - 11 E- 4 - (New Code)
§47 - 11 E- 5 - (New Code)
SENATE BILL - 402
PASSED - Regular Session

SB402 SUB1 enr  (Uploaded - 10/02/2017)
Relating to covenants not to compete between physicians and hospitals
§47 - 1 - 8 - (Amended Code)
§47 - 1 - 20 - (Amended Code)
§47 - 1 - 21 - (Amended Code)
§47 - 1 - 22 - (Amended Code)
§47 - 1 A- 10 - (Amended Code)
§47 - 1 A- 14 - (Amended Code)
SENATE BILL - 419
PASSED - Regular Session

SB419 SUB1 enr  (Uploaded - 10/02/2017)
Creating special revenue fund sources for Division of Labor to meet statutory obligations
§47 - 8 - 2 - (Amended Code)
§47 - 8 - 3 - (Amended Code)
SENATE BILL - 602
PASSED - Regular Session

SB602 SUB1 enr  (Uploaded - 10/02/2017)
Creating uniform system of recording and indexing fictitious names used by sole proprietors
§47 - 9 - 4 - (Amended Code)
HOUSE BILL - 2767
PASSED - Regular Session

HB2767 SUB ENR  (Uploaded - 10/06/2017)
Authorizing the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks
§47 - 1 A- 10 - (Amended Code)
HOUSE BILL - 2948
PASSED - Regular Session

HB2948 SUB ENR  (Uploaded - 10/06/2017)
Establishing timelines for taking final action on certain permits
§47 - 20 - 23 - (Amended Code)
§47 - 20 - 31 - (Amended Code)
§47 - 21 - 21 - (Amended Code)
§47 - 21 - 30 - (Amended Code)
HOUSE BILL - 2961
PASSED - Regular Session

HB2961 SUB ENR  (Uploaded - 10/06/2017)
Relating generally to charitable bingo games and charitable raffles
§47 - 11 A- 1 - (Amended Code)
§47 - 11 A- 2 - (Amended Code)
§47 - 11 A- 5 - (Amended Code)
§47 - 11 A- 6 - (Amended Code)
§47 - 11 A- 8 - (Amended Code)
§47 - 11 A- 9 - (Amended Code)
§47 - 11 A- 10 - (Repealed Code)
§47 - 11 A- 12 - (Repealed Code)
§47 - 11 A- 13 - (Repealed Code)
§47 - 11 A- 14 - (Amended Code)
SENATE BILL - 259
PASSED - Regular Session

SB259 SUB2 ENR  (Uploaded - 03/14/2016)
Amending Unfair Trade Practices Act
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