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Can I collect sales tax from customers in different states without violating tax laws in West Virginia? What are the requirements?
To collect sales tax from customers in different states, you must comply with the tax laws of each state where you have customers. In West Virginia, if you are a seller that registers to collect West Virginia sales and use taxes using the online sales and use tax registration system established under the Streamlined Sales and Use Tax Agreement, you are not required to also register under article twelve of this chapter unless you have sufficient presence in this state that provides at least the minimum contacts necessary for a Constitutionally sufficient nexus for this state to require registration and payment of the registration tax under article twelve of this chapter [1.3].
However, if you have sales in other states, you may be required to collect and remit sales tax in those states. You should consult the tax laws of each state where you have customers to determine your sales tax obligations.
It is important to note that West Virginia also requires employers to withhold taxes from wages paid to employees [2.1]. Additionally, the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act apply to the provisions of the tax laws [3.1].
If you are a consumer, you may be eligible for a credit for sales and use tax paid [2.4][4.1].
For more information on the state and local sales and use tax bases, please refer to [1.2].
If you have any further questions or concerns, it is recommended that you consult a tax professional.
Source(s):
- [2.1] Requirement of withholding tax from wages.
- [3.1] Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act.
- [2.4] Credit for consumers sales and service tax and use tax paid.
- [4.1] Credit for consumers sales and service tax and use tax paid.
- [1.2] State and local sales and use tax bases.
- [1.3] Seller registration.
Jurisdiction
West Virginia