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The 2024 West Virginia Use Tax
6.00%
2024 West Virginia state use tax
The WV use tax only applies to certain purchases
The West Virginia use tax is a special excise tax assessed on property purchased for use in West Virginia in a jurisdiction where a lower (or no) sales tax was collected on the purchase.
The West Virginia use tax should be paid for items bought tax-free over the internet, bought while traveling, or transported into West Virginia from a state with a lower sales tax rate.
The West Virginia use tax rate is 6%, the same as the regular West Virginia sales tax. Including local taxes, the West Virginia use tax can be as high as 1.000%.
What exactly is the West Virginia use tax?
The West Virginia Use Tax is a little-known tax that complements the regular West Virginia sales tax to ensure that purchases made outside of West Virginia are not exempt from the West Virginia sales tax.
Instead of taxing the sale of tangible property which takes place outside of West Virginia's jurisdiction (and thus cannot be taxed), the West Virginia Use Tax taxes the use or consumption of tangible property bought in other jurisdictions with a lower sales tax rate and brought back into West Virginia.
How Do I Calculate How Much Use Tax I Owe?
If you made any purchases online or outside of West Virginia for which you paid less then West Virginia's 6% in sales tax, you are responsible for paying West Virginia a use tax on those purchases equal to 6% of the total purchase price less any sales taxes already paid to other jurisductions.
Example 1: If $100 worth of books is purchased from an online retailer and no sales tax is collected, the buyer would become liable to pay West Virginia a total of $100 × 6% = $6.00 in use tax.
Example 2: If a $10,000 boat is purchased tax-free and then brought into a jurisdiction with a 4% sales tax rate, the buyer would become liable to pay West Virginia a total of (6% - 4%) × $10,000 = $600.00 in use tax.
Example 3: If $1,000 worth of goods are purchased in a jurisdiction with a 7% sales tax rate, no use tax is owed to West Virginia because the foreign jurisdiction's sales tax rate is greater then or equal to West Virginia's 6% sales tax.
How do I pay the West Virginia use tax?
In many states, an optional field for remitting use tax is included in the state income tax return. A use tax return form may also be available on the West Virginia Department of Revenue website for calculating and paying use tax.
Above: Example use tax field on a state income tax return
Use tax is a self-assessed tax with a very low public awareness rate, and as a result states have a very hard time enforcing use tax compliance. Only about 1.6% of taxpayers pay use tax each year, remitting an average of $69 in use taxes on total purchases averaging $929. [1]
Government studies have shown that a large percentage of use tax payments are made as the result of an audit or under the threat of an audit. If unpaid use tax is discovered by a West Virginia tax audit, significant underpayment fees and interest may apply.
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