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Rental, Leasing Businesses and the B&O Tax of WV

On Behalf of | Jun 27, 2017 | Municipal, Tax

Any person engaged in the business of furnishing any real or tangible personal property, which has a tax situs in a municipality, or any interest therein for hire, loan, lease or otherwise, whether the return be in the form of rentals, royalties, fees or otherwise, shall report the gross income received therefrom under the rental and royalty classification on a municipal business and occupation tax form.

Businesses do not necessarily have to maintain a physical location within a West Virginia municipality to give rise to business and occupation tax liability. Persons domiciled outside a municipality who own property and rent or lease it to others therein, are doing business in the municipality, irrespective of the domicile of the owner of the property.

The municipal business and occupation tax is imposed upon all entities for the privilege of engaging in business activities within a West Virginia municipality that levies the tax.  The tax is measured by the application of rates against values of products, gross proceeds of sale or gross income of the business.  All persons engaging in business activities in a municipality that imposes a municipal business and occupation tax pursuant to the authority granted by the Legislature in W.Va. Code  8-13-5 are subject to the tax unless specifically exempted by statute, regulations or ordinance.