Form Bar-0 - West Virginia Business Activity Report (Page 2 of 2) in pdf

INSTRUCTIONS

FOR

FORM

BAR-0

■

50% of its gross receipts from one

Filing

Requirements

evaluate and complete the acquisi-

or more of the following activities:

All corporations and partnerships are

tion or disposition of the property;

■

required to file Form BAR-0, West

making, acquiring, selling or

service the property or collect

Virginia Business Activity Report, with the

servicing loans or extensions of

income from the property; or

■

West Virginia Department of Tax and

credit; leasing or acting as an

acquire or liquidate collateral relating

Revenue if they carry on any business

agent, broker or advisor in

to the property.

connection with leasing real

activity or own or maintain property in

and personal property that is the

Due Date

West Virginia during the year, unless

they are exempt. (See below.) The filing

economic equivalent of an

You must file Form BAR-0 each year on

of this report will not be a factor in

extension of credit: operating a

or before the 15th day of the fourth

determining whether your business is

credit card business; rendering

month after the close of your taxable

estate or trust services; receiv-

subject to taxation.

year.

ing, maintaining or otherwise

handling deposits; or engaging

P e n a l t i e s

Carrying on business activity or main-

taining property within West Virginia in-

in any other activity with an

If you do not file Form BAR-0 when

cludes, but is not limited to:

economic effect comparable to

required, you will lose your right under

■

any of the above activities.

maintaining an office or other place

West Virginia law to file a lawsuit, except

of business in West Virginia;

for lawsuits related to your West Virginia

■

Exempt entities. You do not have to file

tax liability.

the presence of employees, agents,

representatives or independent con-

this report if:

■

tractors in West Virginia, if they are

during the taxable year for which a

You will not be able to use the courts

conducting business on behalf of the

report is due, you are registered to

(except for activities or property de-

corporation or partnership, regard-

engage in business in West Virginia;

scribed under “Exempt activities”) to

■

enforce contracts or to settle lawsuits

less of whether the individual or

you filed a tax return for that taxable

person is residing or regularly

year for any taxes administered by

that arise before the end of the last year

stationed in West Virginia;

the Department;

for which you fail to file a timely report.

■

owning or maintaining real property,

you are a type of organization

tangible personal property, or

expressly exempted from taxation by

However, you may be allowed to pursue

any such lawsuits if you file any report

intangible property that is in West

West Virginia or federal statute or

regulation; or

due, pay all taxes, interest, and penal-

Virginia;

■

sales of products or services to West

the activities or interests in property

ties due, or if you provide for them by

Virginia customers who receive the

you owned in West Virginia consist

posting a security bond with the Depart-

product or service in West Virginia;

solely of activities or property

ment.

■

sales of services that are performed

expressly exempted from state

taxation by West Virginia or federal

West Virginia and Federal I.D.

outside West Virginia, the benefits of

which are consumed in West

statute or regulation.

N u m b e r s

Virginia;

The West Virginia I.D. number is the

■

transactions with West Virginia cus-

Exempt activities . You are not required

taxpayer's identification number assigned

tomers that involve intangible prop-

to file this report if your activities in West

by the Department. If you do not have a

Virginia relate solely to your ownership of

West Virginia I.D. number, apply for one

erty and result in income flowing to

the corporation from within West

an interest in the following property:

by writing to:

■

Virginia;

real estate mortgage investment

■

leases of tangible personal property

conduits;

West Virginia Department of

■

located in West Virginia;

real estate investment trusts;

Tax and Revenue

■

Taxpayer Services Division

sales and leases of West Virginia

regulated investment companies;

■

real estate; or

securitized loans; or

P.O. Box 3784

■

any activity described in item 8 on

secondary loan market assets from

Charleston, WV 25337-3784

the reverse side if done by a

which the interest is attributed to

financial organization which (1) ob-

consumer or commercial loans.

You should also fill in your federal I.D.

tains or solicits by any means

number, but do not use it in place of your

West Virginia number.

business with 20 or more persons in

Secondary loan market assets are loans

West Virginia, or (2) has gross

or other similar payment obligations

receipts of $100,000 or more from

solicited and entered into by persons

Mail Form BAR-0 to:

sources within West Virginia. The

independent of and not acting on behalf

West Virginia Department of

term "financial organization" is

of the owner.

Tax and Revenue

Internal Auditing Division

defined to include any holding com-

pany or regulated financial corpora-

Exempt activities related to the above

P.O. Box 1202

tion, or subsidiary thereof, or any

types of property include contacts with

Charleston, WV 25324-1202

corporation which derives more than

West Virginia reasonably required to:

Form Bar-0 - West Virginia Business Activity Report Page 2

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