W. Va. Code R. § 110-15-18

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 110-15-18 - Transition Rules for Amendments to Statute or Regulations

Except for those transactions addressed under transition rules set forth in W. Va. Code '11-15-8a and Section 108 of these regulations,

(1) all transactions involving sales or leases of tangible personal property or rendering of taxable services which were not subject to the consumers sales and service tax or the use tax prior to the effective date of any amendment to any provision of the Consumers Sales and Service Tax Act or any amendment to any provision of Series 15, Title 110 of these regulations, but which became subject to such tax on that date by reason of such amendment, and

(2) all transactions involving sales or leases of tangible personal property or rendering of taxable services which were subject to the consumers sales and service tax or the use tax prior to the effective date of any amendment to any provision of the Consumers Sales and Service Tax Act, or any amendment to any provision of Series 15, Title 110 of these regulations, but which became exempt or excepted from such tax on that date by reason of such amendment, shall be subject to the following transition rules:

18.1. Transactions Which Become Taxable.

18.1.1. For transactions which have been completed before the effective date of such amendment, except for billing or payment, or both, of the sale price, such transactions will not be subject to the consumers sales and service tax or the use tax.

18.1.2. For transactions under binding executory contracts which require one payment at commencement of the contract with the contract commencing before and extending beyond the effective date of such amendment, such transactions will not be subject to the consumers sales and service tax or the use tax.

18.1.3. For transactions under contracts which require multiple payments over the length of the contract for sales, leases or services which occur over the length of the contract, such contract performance commencing before and extending beyond the effective date of such amendment, those sales which are completed before the effective date of such amendment, except for billing and payment will not be subject to the consumers sales and service tax or the use tax; moreover, performance under such contracts which is completed on or after the effective date of such amendment, will also not be subject to such tax.

18.1.4. For transactions under contracts with contract performance commencing before and extending beyond the effective date of such amendment, and which require installment type payments over the length of the contract, no payments under the contract shall be subject to the consumers sales and service tax or the use tax.

18.1.5. For transactions which are leases under contracts with contract performance commencing before and extending beyond the effective date of such amendment, and which require monthly, quarterly or annual payments over the length of the contract, those payments made on and after the effective date of such amendment, will not be subject to the consumers sales and service tax and use tax.

18.1.6. For transactions under binding executory contracts, where offer and acceptance have occurred prior to the effective date of such amendment, but where delivery, billing, or payment of the sale price will not occur until subsequent to the effective date of such amendment, such transactions shall not be subject to the consumers sales and service tax or the use tax if delivery, billing, and payment of the sale price occur within sixty (60) days subsequent to the effective date of such amendment.

18.2. Transactions Which Become Exempted or Excepted.

18.2.1. For transactions which have been completed before the effective date of such amendment, except for billing or payment, or both, of the sale price, such transactions will be subject to the consumers sales and service tax or the use tax.

18.2.2. For transactions under binding executory contracts which require one payment at commencement of the contract with the contract commencing before and extending beyond the effective date of such amendment, such transactions will be subject to the consumers sales and service tax or the use tax.

18.2.3. For transactions under contracts which require multiple payments over the length of the contract for sales, leases or services which occur over the length of the contract, such contract performance commencing before and extending beyond the effective date of such amendment, those sales which are completed before the effective date of such amendment, except for billing and payment will be subject to the consumers sales and service tax or the use tax; moreover, performance under such contracts which is completed on or after the effective date of such amendment will also be subject to such tax.

18.2.4. For transactions under contracts with contract performance commencing before and extending beyond the effective date of such amendment, and which require installment type payments over the length of the contract, all payments made subsequent to such amendment under the contract shall be subject to the consumers sales and service tax or the use tax.

18.2.5. For transactions which are leases under contracts with contract performance commencing before and extending beyond the effective date of such amendment, and which require monthly, quarterly or annual payments over the length of the contract, those payments made on and after the effective date of such amendment, will be subject to the consumers sales and service tax and use tax.

18.2.6. For transactions under binding executory contracts, where offer and acceptance have occurred prior to the effective date of such amendment, but where delivery, billing or payment of the sale price will not occur until subsequent to the effective date of such amendment, such transactions shall be subject to the consumers sales and service tax or the use tax if delivery, billing, and payment of the sale price occur within sixty (60) days subsequent to the effective date of such amendment.

W. Va. Code R. § 110-15-18