W. Va. Code R. § 110-10F-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-10F-9 - Payment procedures - general provisions

9.1. Taxpayers required to make payments using EFT shall initiate the transaction so that the amount due is deposited as immediately available funds to the State of West Virginia's bank account on or before the due date under the applicable tax law. If a tax payment due date falls on a Saturday, Sunday, or bank holiday, payment by EFT shall be made so that the funds are immediately available in the State Treasurer's account on the first business day after that due date. If the date on which the taxpayer is required to initiate either an ACH Debit or an ACH Credit transaction falls on a Saturday, Sunday, or a State or banking holiday, the taxpayer shall initiate the transaction on the preceding business day.

Each year, at least 30 days prior to the beginning of a calendar year, the Department shall provide taxpayers required to pay a tax using EFT with a schedule of holidays they will need to take into consideration when making EFT payments.

9.2. The requirement to make payment to the Department using EFT does not change any current filing requirements for tax returns. If the EFT payment is not timely made or the tax return required is not filed by the due date, penalties, additions to tax and interest shall apply under the provisions of the appropriate section of the Code.

9.3. Any taxpayer required by the Department to use EFT to make payments may apply to the Commissioner to be relieved of that requirement if it appears that taxpayer no longer meets the criteria for mandatory EFT payments. If the Commissioner grants that relief and the taxpayer subsequently makes a non-EFT payment in an amount equal to or in excess of the threshold amount for the period the taxpayer was previously required to make payments using EFT, the taxpayer is subject to all applicable penalties, additions to tax and interest.

9.4. If the taxpayer elects to use the ACH Debit payment method, the taxpayer shall furnish the Department with the information needed to complete the transaction. All transactions shall be initiated by the taxpayer on the Department's website.

9.5. If the taxpayer elects to use the ACH Credit payment method, the taxpayer is responsible for ensuring that the bank originating the transaction has the information necessary for timely completion of the transaction. Also, the taxpayer is responsible for the correct completion of the transaction. The taxpayer shall provide the information necessary for the bank to complete the NACHA CCD+ entry with the required TXP Banking Convention addenda record.

W. Va. Code R. § 110-10F-9