W. Va. Code R. § 110-15-86

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

Section 110-15-86 - Auctioneers, Auction Sales, Auctions

86.1. An auctioneer licensed under W. Va. Code '19-2C-1 et seq. when commissioned to sell property on behalf of another is not providing a service which is subject to the consumers sales and service tax.

86.2. Auctioneers who, in the conduct of their business, hold repeated auction sales at their place of business are responsible for collection and remittance of consumers sales and service tax on the full price of the sales, irrespective of whether the merchandise sold belongs to them or to another person unless the isolated transactions exemption set forth in Section 9.2.5 of these regulations applies.

86.3. In those instances in which a person hires an auctioneer to auction the furnishings from the owner's farm or home, the sales are exempt if they are an "isolated transaction" as defined in Section 2 of these regulations. (The same is true of sheriffs' sales and sales under chattel deeds of trust.) For example: a person may sell items of tangible personal property on four separate occasions (four isolated transactions) during the year through an auctioneer, notwithstanding the fact that the auctioneer may have made numerous sales for his other clients during the year far in excess of the number allowable under this definition. However, although no consumers sales and service tax would be imposed on the monetary consideration received for the sale of furnishings by an auctioneer in an isolated transaction, consumers sales and service tax would be imposed on the fees or commissions charged for the sale of auctioneering services by an auctioneer not licensed in accordance with W. Va. Code '19-2C-1 et seq. to the owner of the furnishings sold: Provided, That the auctioneer licensed in accordance with W. Va. Code '19-2C-1 et seq. is not required to collect sales tax on such fees or commissions.

86.4. An auctioneer is taxable in all of his or her purchases except purchases for resale. See Section 9.3.4 of these regulations regarding purchases for resale.

W. Va. Code R. § 110-15-86