W. Va. Code R. § 110-15M-4

Current through Register Vol. XLI, No. 14, April 5, 2024

Section 110-15M-4 - Requirements for absorbing or assuming the tax

4.1. A retailer may directly or indirectly advertise, hold out, or state to a customer or to the public that the retailer will absorb or assume the tax for the customer if:

4.1.1. The retailer indicates in the advertisement, holding out, or statement that the retailer is paying the tax for the customer;

4.1.2. The retailer does not indicate or imply in the advertisement, holding out, or statement that the sale is exempt or excluded from taxation; and

4.1.3. Any purchaser's receipt or other statement given to the customer listing the sale price paid or to be paid by the customer separately states the total amount of the tax and indicates how much of the total tax will be paid by the retailer.

4.2. Any sales tax or use tax that is absorbed or assumed by a retailer must be remitted and reported by the retailer the same as if it had been paid by the retailer's customer.

4.3. When recording a sale for which the retailer absorbed or assumed the sales tax or use tax, the retailer must separately state the purchase price and the tax and indicate how much of the tax it absorbed or assumed.

W. Va. Code R. § 110-15M-4