Definitions

2.1. "ACH" or "Automated Clearing House" means a nationwide electronic funds transfer system which is governed by the National Automated Clearing House Association (NACHA) operating rules and which provides for the clearing of electronic credit and debit entries between participating financial institutions.

2.2. "ACH Credit" means the electronic funds transfer payment method by which transactions are initiated and generated by the taxpayer and cleared through the ACH system for deposit into the State Treasury.

2.3. "ACH Debit" means the electronic funds transfer payment method by which transactions are initiated by the taxpayer, generated by the Department upon the taxpayer's instruction and cleared through the ACH system for deposit into the State Treasury.

2.4. "ACH Trace Number" means the unique number assigned to an electronic payment transaction by the financial institution originating the transaction.

2.5. “Addenda record" means that information required by the Department in an ACH Credit transaction or Wire Transfer which identifies the taxpayer, the tax type, the period covered, the payment type and the payment amount.

2.6. "CCD+” or “cash concentration or disbursement plus" means the standardized data format approved by the National Automated Clearing House Association for remitting tax payments electronically.

2.7. “Code” means the Code of West Virginia of one thousand nine hundred thirty-one, as amended.

2.8. “Commissioner” or “Tax Commissioner” means the West Virginia Tax Commissioner or his or her delegate.

2.9. “Department” or “Tax Department” means the West Virginia State Tax Department.

2.10. “EFT” or “Electronic Funds Transfer” means any transfer of funds using ACH debit, ACH credit, credit or debit card, intergovernmental transfer or Wire Transfer and any other means recognized by the Tax Commissioner for payment of taxes, (other than a transaction originated by check, draft, or similar paper instrument), that is initiated through an electronic terminal, personal electronic device, computer, or magnetic tape, where the person initiating the transfer orders, instructs, or authorizes a financial institution to debit or credit an account using the methods specified in this rule.

2.11. “Financial institution” means a state or national bank, a trust company, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union.

2.12. “Immediately available funds” means an ACH credit, an ACH debit, U.S. currency, or wire transfer that has completed the EFT process, and is deposited in the State’s bank for immediate use.

2.13. “Lookback period” means the 12-month fiscal year between July 1 and June 30 immediately preceding the calendar year for which the determination is made that a taxpayer must pay taxes by EFT.

2.14. “NACHA” or “National Automated Clearing House Association” means the trade association which sets automated payments standards that govern the ACH system for financial institutions nationwide.

2.15. “Person” includes, but is not limited to, any individual, firm, partnership, limited partnership, co-partnership, joint venture, association, corporation, municipal corporation, organization, receiver, estate, trust, guardian, executor, administrator, and also any officer, employee or member of any of the foregoing who, as such officer, employee or member, is under a duty to perform or is responsible for the performance of an act prescribed by the provisions of W. Va. Code §11-10-1 et seq., and the provisions of any other article of the Code which imposes a tax administered by the Tax Commissioner.

2.16. “Prenote” or “prenotification” means a zero-dollar or one cent entry that is sent through the ACH system prior to live entries. Prenotes provide a verification function that makes sure any bank information and TXP addenda data required is correct prior to live entries.

2.17. “State” or “this State” means the State of West Virginia.

2.18. "Submission day" means the day on which a taxpayer communicates payment information to the West Virginia State Tax Department.

2.19. “Submission period" means the specified time interval in each submission day during which EFT payment information received by the Tax Department is processed for transactions occurring on the next business day.

2.20. "Tax" or "taxes" means taxes administered under the authority of W. Va. Code §11-10-1 et seq., additions to tax and penalties and interest imposed with respect to those taxes.

2.21. "Taxpayer" means any person required to file a return for, or liable for the payment of, any tax administered under W. Va. Code §11-10-1 et seq.

2.22. “Tax type” means each separate category of tax subject to EFT payment requirements.

2.23. “Treasury” or “State Treasury” means the Treasury of the State of West Virginia.

2.24. “TXP Banking Convention” means the format to be used in the free form field of the National Automated Clearing House Association’s CCD+ entry addenda record.

2.25. “Wire Transfer” means the electronic transfer system developed and maintained by the Federal Reserve in order to enable financial institutions to transfer funds nationwide.