West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11-15-9E
Apportionment of purchase price; existing contracts protected
Whenever a purchaser will use acquired tangible personal property, a service, or the results of a service for both exempt and nonexempt purposes, the gross proceeds of such sale paid to the vendor for such property or service shall be apportioned between the exempt and nonexempt uses, in a manner established as reasonable by the Tax Commissioner, by regulations the Tax Commissioner may prescribe, for the purpose of determining the tax liability in respect of such purchase.
Contracts existing, executed, and binding prior to July 1, 1987, for the purchase of tangible personal property or services, by lease or otherwise, and in connection with which an exemption from tax was applicable to such purchase prior to such date but terminated on and after the same; no new tax liability shall arise in respect of payments to be subsequently made under such a contract nor to payments prepaid thereunder for any periods subsequent to such date, but only new contracts entered into on and after July 1, 1987, shall be liable for tax under the provisions of this article or of article fifteen-a of this chapter where such a prior applicable exemption has been so terminated.
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In this chapter (40 sections)
- 11-15-3C · Imposition of consumers sales tax on motor vehicle sales;…
- 11-15-4 · Purchaser to pay; accounting by vendor
- 11-15-4A · Noncollection of tax; liability of vendor
- 11-15-4B · Liability of purchaser; assessment and collection
- 11-15-4C · Collection of fee in addition to the consumers sales tax for…
- 11-15-5 · Total amount collected is to be remitted
- 11-15-5A · 11-15-5A
- 11-15-6 · Vendor must show sale or service exempt; presumption
- 11-15-7 · Tax on gross proceeds of sales or value of manufactured,…
- 11-15-7A · Tax on the manufacture, sale and installation of modular…
- 11-15-8 · Furnishing of services included; exceptions
- 11-15-8A · Contractors
- 11-15-8B · Nonresident contractor--registration, bond, etc
- 11-15-8C · Transition rules for elimination of exemption for materials…
- 11-15-8D · Limitations on right to assert exemptions
- 11-15-9 · Exemptions
- 11-15-9A · Exemptions; exceptions for sales of liquors and wines to…
- 11-15-9B · Exemption for purchases of tangible personal property and…
- 11-15-9C · Exemption for services and materials regarding technical…
- 11-15-9D · Direct pay permits
- 11-15-9E · Apportionment of purchase price; existing contracts protected
- 11-15-9F · Exemption for sales and services subject to special district…
- 11-15-9G · Exemption for clothing, footwear and school supplies for…
- 11-15-9H · Exemptions for sales of computer hardware and software…
- 11-15-9I · Exempt drugs, durable medical equipment, mobility enhancing…
- 11-15-9J · Direct pay permits for health care providers
- 11-15-9K · Annual exemption for purchases of energy efficient products
- 11-15-9L · Exemption for Sales of clothing and clothing accessories by…
- 11-15-9M · Discretionary designation of per se exemptions
- 11-15-9N · Exemption of qualified purchases of computers and computer…
- 11-15-9O · Exemption for dues, fees and assessments paid to a…
- 11-15-9P · Exemption for purchases of services and tangible personal…
- 11-15-9Q · Exemption for sales by schools and volunteer school support…
- 11-15-9R · Exemption for precious metals
- 11-15-9S · Exemption for certain school supplies, school instructional…
- 11-15-9T · Exemption for purchases of services and tangible personal…
- 11-15-9U · Exemption for sales of small arms and ammunitions
- 11-15-10 · Tax paid by ultimate consumer
- 11-15-11 · Exemption for certain organizations
- 11-15-12 · Agreements by competing taxpayers