COMMITTEE SUBSTITUTE
FOR
H. B. 4418
(By Delegates Caputo, Coleman, Yeager,
Shelton, Staton, Varner and Kuhn)
(Originating in the House Committee on the Judiciary)
[February 18, 2000]
A BILL to amend and reenact section three, article twelve-c,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to corporate
license tax requiring the name and address of each
subsidiary of the corporation and the corporation's parent
corporation on their corporate license tax return.
Be it enacted by the Legislature of West Virginia:
That section three, article twelve-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12C. CORPORATE LICENSE TAX.
§11-12C-3. Payment and collection of tax; deposit of money;
return required.
(a) Payment and collection of tax. -- When application is
made to the secretary of state for a certificate of incorporation
or authority to do business in this state, it shall be the duty
of the applicant to pay all taxes and fees due under this article; and it shall be the duty of the secretary of state to
collect the corporate license tax for the first year before
issuing such certificate. Thereafter, on or before the first day
of the license tax year next following the date of the
certificate, and on or before the first day of each succeeding
license tax year, such corporation shall pay and the tax
commissioner shall collect such tax for a full license tax year
together with the statutory attorney fee: Provided, That if the
application is made on or after the first day of the second month
preceding the beginning of the next license tax year, and before
the first day of such license tax year, the secretary of state
shall collect the tax for the full year beginning on such first
day of the next license tax year in addition to the initial tax,
together with the statutory attorney fee.
(b) Deposit of money. -- The money so received by the
secretary of state and the tax commissioner shall be paid by them
into the state treasury.
(c) Returns. -- Payment of the tax and statutory attorney
fee required under the provisions of this section shall be
accompanied by a return on forms provided by the tax commissioner
for that purpose. The tax commissioner shall upon completion of
processing such return, forward it to the secretary of state,
together with a list of all corporations which have paid such
tax. Such return shall contain (1) the address of its principal
office; (2) the names and mailing addresses of its officers and directors; (3) the name and mailing address of the person on whom
notice of process may be served; (4) the name and address of each
subsidiary of the corporation and the corporation's parent
corporation and such other information as the tax commissioner
deems appropriate. Notwithstanding any other provision of law to
the contrary, the secretary of state shall upon request of any
person disclose (A) the address of the corporation's principal
office; (B) the names and addresses of its officers and
directors; (C) the name and mailing address of the person on whom
notice of process may be served; and (D) the name and address of
each subsidiary of the corporation and the corporation's parent
corporation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.