Senate Bill No. 129
(By Senator Snyder)
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[Introduced January 14, 2004; referred to the Committee on
Finance.]
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A BILL to amend and reenact §11-15-7 of the code of West Virginia,
1931, as amended, relating to exempting from the consumers
sales tax the value of manufacturer's or other discount
coupons used to reduce the gross value of a sale.
Be it enacted by the Legislature of West Virginia:
That §11-15-7 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-7. Tax on gross proceeds of sales or value of manufactured,
etc., products.
(a) A person exercising the privilege of producing for sale,
profit or commercial use, any natural resources, product or
manufactured product, and either engaged in the business of selling
such the product not otherwise exempted herein, or engaged in a
business or activity in which such the natural resource, product or manufactured product is used or consumed by him or her and such the
use or consumption is not otherwise exempt under this article,
shall make returns of the gross proceeds of such these sales or, in
the absence of sale, the gross value of the natural resource,
product or manufactured product, so used or consumed by him or her,
and pay the tax imposed by this article: Provided, That the
provisions of this article relating to computing the consumer sales
tax on the gross value of the transaction do not apply to sales
in
which a manufacturer's or any other discount coupon is used to
reduce the gross value of a sale or value of the sale. In all such
cases, the consumer sales tax imposed by this article may only be
imposed on the net value of the item as reduced by the use of the
discount coupon
.
(b) The tax commissioner shall promulgate such uniform and
equitable rules as he deems necessary for determining the gross
value upon which the tax imposed by this article is levied in the
absence of a sale, which value shall correspond as nearly as
possible to the gross proceeds from the sale of similar products of
like quality or character by the same person or by another person,
subject to the exception of the value of the sale reduced by a
manufacturer's or any other discount coupon as provided in
subsection (b) of this section.
(c) The provisions of this section, as amended by this act,
shall apply to natural resources, products or manufactured products, used or consumed by the producer or manufacturer thereof
on or after the first day of May, one thousand nine hundred
eighty-nine.
NOTE: The purpose of this bill is to
exempt from the consumer
sales tax the value of a manufacturer's or other discount coupons
used to reduce the gross value of a sale.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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