2023 West Virginia Code › Chapter 19. Agriculture › Article 12F. Select Plant-Based Product Regulation Act: Kratom › §19-12-F-7. Taxation; Disposition of Funds

(a) For the privilege of engaging or continuing within this state in the business of the retail sale of kratom or kratom products, there is hereby levied upon and collected from every person exercising the privilege a privilege tax.
(b) The rate of tax imposed by this subsection is 11 percent of the retail sales price of kratom or kratom products sold during the reporting period.
(c) The tax shall be due and payable on a quarterly basis as follows: on the 20th day of January, April, July, and October for the preceding calendar quarter. When the payment of tax is due, the person shall file a tax return in a form prescribed by the Tax Commissioner. The Tax Commissioner may require such forms, schedules, and returns and impose such filing and remittance requirements that are necessary or convenient for the efficient administration of taxes imposed by this subsection.
(d) The taxes imposed by this subsection shall be paid to the Tax Commissioner by electronic funds transfer unless electronic payment is prohibited by state or federal law. Tax returns required by this subsection shall be filed electronically with the Tax Commissioner.
(e) If any retailer does not renew its permit, relinquishes its permit, has said permit suspended or revoked, or otherwise ceases selling kratom and kratom products then any tax, additions to tax, penalties, and interest imposed by this section and by 11-10-1
et seq
. of this code, shall become due and the retailer shall make a final return or returns and pay any tax which is due within 90 days of not renewing its permit, relinquishing its permit, having its permit suspended or revoked, or otherwise ceasing business. The unpaid amount of any tax is to be considered a lien.
(f) All money received from the tax imposed under this subsection, including any interest and additions to tax paid under 11-10-1
et seq
. of this code, less the amount of any refunds, shall be deposited into the Agricultural Fees Fund created by 19-1-4c of this code.
(g) Persons or entities subject to the tax imposed by this subsection shall provide to the Tax Commissioner any information required by the Tax Commissioner to administer, collect, and enforce the tax imposed by this subsection.
(h) Notwithstanding any provision of 11-10-1
et seq
. of this code or of this section to the contrary, the Tax Commissioner, and the commissioner shall enter into written agreements pursuant to which the Tax Commissioner shall disclose to designated employees of the department, whether a particular retailer is in good standing with the Tax Commissioner, and the commissioner shall disclose to designated employees of the Tax Commissioner information a retailer provides to the commissioner pursuant to this code. Tax information disclosed pursuant to a written agreement shall remain confidential in the hands of the receiver and shall not be disclosable under 29B-1-1
et seq
. of this code. To the extent feasible, this information should be shared or exchanged electronically to ensure safe destruction, or as necessary, proper file retention practices.
(i) The Tax Commissioner may promulgate, in accordance with the provisions of 29A-3-1
et seq
. of this code, any necessary legislative rules as the Tax Commissioner necessary to the efficient administration of taxes imposed by this subsection.
(1) Funds from the tax imposed by the provisions of this subsection and deposited into the Agricultural Fees Fund shall be divided and deposited as follows:
(2) Sixty-five percent shall remain in the Agriculture Fees Fund;
(3) Five percent shall be transferred to the Fight Substance Abuse Fund created by 60A-9-8 of this code; and
(4) Thirty percent shall be deposited in the Alcohol Beverage Control Enforcement Fund established by the provisions of 60-7-13 of this code.
(j) Notwithstanding any provision in 11-9-1
et seq
. of this code to the contrary, and as relevant to the tax imposed by 16A-9-1, the West Virginia Tax Crimes and Penalties Act set forth in 11-9-1
et seq
. of this code shall apply with like effect as if the said the West Virginia Tax Crimes and Penalties Act were applicable only to the tax imposed by 16A-9-1
et seq
. of this code and were set forth in extenso in 16A-9-1
et seq
. of this code.
(k) Notwithstanding any provision of 11-10-1
et seq
. of this code, or any other provision of this code to the contrary, the West Virginia Tax Procedure and Administration Act, as set forth in 11-10-1
et seq
. of this code applies to the tax imposed by 16A-9-1
et seq
. with like effect as if the said West Virginia Tax Procedure and Administration Act were applicable only to the tax imposed by 16A-9-1
et seq
. of this code and were set forth in extenso in 16A-9-1
et seq
. of this code.
(l) All fees collected pursuant to the provisions of subsection shall be deposited with the State Treasurer to the credit of the Agricultural Fees Fund established by the provisions of 19-1-4c of this code for the use of the commissioner in administering and enforcing the provisions of this article.