West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-15 - Consumer Sales And Service Tax And Use Tax › Section 110-15-18 - Transition Rules for Amendments to Statute or Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
Except for those transactions addressed under transition
				  rules set forth in W. Va. Code '11-15-8a and Section
				  108 of these regulations,
(1) all
				transactions involving sales or leases of tangible personal property or
				rendering of taxable services which were not subject to the consumers sales and
				service tax or the use tax prior to the effective date of any amendment to any
				provision of the Consumers Sales and Service Tax Act or any amendment to any
				provision of Series 15, Title 110 of these regulations, but which became
				subject to such tax on that date by reason of such amendment, and
(2) all transactions involving sales or
				leases of tangible personal property or rendering of taxable services which
				were subject to the consumers sales and service tax or the use tax prior to the
				effective date of any amendment to any provision of the Consumers Sales and
				Service Tax Act, or any amendment to any provision of Series 15, Title 110 of
				these regulations, but which became exempt or excepted from such tax on that
				date by reason of such amendment, shall be subject to the following transition
				rules:
18.1. Transactions Which
				Become Taxable.
18.1.1. For transactions
				which have been completed before the effective date of such amendment, except
				for billing or payment, or both, of the sale price, such transactions will not
				be subject to the consumers sales and service tax or the use tax.
18.1.2. For transactions under binding
				executory contracts which require one payment at commencement of the contract
				with the contract commencing before and extending beyond the effective date of
				such amendment, such transactions will not be subject to the consumers sales
				and service tax or the use tax.
18.1.3. For transactions under contracts
				which require multiple payments over the length of the contract for sales,
				leases or services which occur over the length of the contract, such contract
				performance commencing before and extending beyond the effective date of such
				amendment, those sales which are completed before the effective date of such
				amendment, except for billing and payment will not be subject to the consumers
				sales and service tax or the use tax; moreover, performance under such
				contracts which is completed on or after the effective date of such amendment,
				will also not be subject to such tax.
18.1.4. For transactions under contracts with
				contract performance commencing before and extending beyond the effective date
				of such amendment, and which require installment type payments over the length
				of the contract, no payments under the contract shall be subject to the
				consumers sales and service tax or the use tax.
18.1.5. For transactions which are leases
				under contracts with contract performance commencing before and extending
				beyond the effective date of such amendment, and which require monthly,
				quarterly or annual payments over the length of the contract, those payments
				made on and after the effective date of such amendment, will not be subject to
				the consumers sales and service tax and use tax.
18.1.6. For transactions under binding
				executory contracts, where offer and acceptance have occurred prior to the
				effective date of such amendment, but where delivery, billing, or payment of
				the sale price will not occur until subsequent to the effective date of such
				amendment, such transactions shall not be subject to the consumers sales and
				service tax or the use tax if delivery, billing, and payment of the sale price
				occur within sixty (60) days subsequent to the effective date of such
				amendment.