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INSTRUCTIONS FOR FORM BAR-0
Filing Requirements gross receipts from one or more of the Exempt activities related to the above
following activities: types of property include contacts with
All corporations and partnerships are
required to fi le Form BAR-0, West making, acquiring, selling or West Virginia reasonably required to:
Virginia Business Activity Report, with the servicing loans or extensions evaluate and complete the acquisition
West Virginia State Tax Department if they of credit; leasing or acting as or disposition of the property;
carry on any business activity or own or an agent, broker or advisor in
maintain property in West Virginia during connection with leasing real service the property or collect income
the year, unless they are exempt. (See and personal property that is from the property; or
below.) The filing of this report will not be a the economic equivalent of an acquire or liquidate collateral relating
factor in determining whether your business extension of credit: operating a to the property.
is subject to taxation. credit card business; rendering
estate or trust services; receiving, Due Date
Carrying on business activity or maintaining maintaining or otherwise handling
property within West Virginia includes, but deposits; or engaging in any other You must file Form BAR-0 each year on
is not limited to: activity with an economic e ectff or before the 15th day of the fourth month
comparable to any of the above after the close of your taxable year.
maintaining an o ceffi or other place of activities.
business in West Virginia; Penalties
the presence of employees, agents, Exempt entities . You do not have to lefi If you do not file Form BAR-0 when required,
representatives or independent this report if: you will lose your right under West Virginia
contractors in West Virginia, if they are law to lefia lawsuit, except for lawsuits
during the taxable year for which a
conducting business on behalf of the related to your West Virginia tax liability.
report is due, you are registered to
corporation or partnership, regardless
engage in business in West Virginia;
of whether the individual or person You will not be able to use the courts (except
is residing or regularly stationed in you ledfi a tax return for that taxable for activities or property described under
West Virginia; year for any taxes administered by the “Exempt activities”) to enforce contracts or
Department; to settle lawsuits that arise before the end
owning or maintaining real property, of the last year for which you fail to lefia
tangible personal property, or intangible you are a type of organization timely report.
property that is in West Virginia; expressly exempted from taxation
by West Virginia or federal statute or
sales of products or services to However, you may be allowed to pursue
regulation; or
West Virginia customers who receive any such lawsuits if you file any report due,
the product or service in West Virginia; the activities or interests in property pay all taxes, interest, and penalties due, or
you owned in West Virginia consist if you provide for them by posting a security
sales of services that are performed bond with the Department.
solely of activities or property expressly
outside West Virginia, the bene ts fi of
exempted from state taxation by
which are consumed in West Virginia; West Virginia and Federal I.D.
West Virginia or federal statute or
transactions with West Virginia regulation. Numbers
customers that involve intangible The West Virginia I.D. number is the
property and result in income Exempt activities. You are not required taxpayer’s identi fication number assigned
fl owing to the corporation from within to file this report if your activities in by the Department. If you do not have a
West Virginia; West Virginia relate solely to your ownership West Virginia I.D. number, apply for one by
of an interest in the following property:
leases of tangible personal property writing to:
located in West Virginia; real estate mortgage investment West Virginia State Tax Department
sales and leases of West Virginia real conduits; Taxpayer Services Division
estate; or real estate investment trusts; P.O. Box 3784
Charleston, WV 25337-3784
any activity described in item 8 on regulated investment companies;
the reverse side if done by a nancialfi
organization which (1) obtains or securitized loans; or You should also llfiin your federal I.D.
number, but do not use it in place of your
solicits by any means business with 20 secondary loan market assets from
West Virginia number.
or more persons in West Virginia, or (2) which the interest is attributed to
has gross receipts of $100,000 or more consumer or commercial loans.
from sources within West Virginia. The Mail Form BAR-0 to:
term “ financial organization” is de fined Secondary loan market assets are loans or West Virginia State Tax Department
to include any holding company or other similar payment obligations solicited Tax Account Administration Division
regulated fi nancial corporation, or and entered into by persons independent of P.O. Box 1202
subsidiary thereof, or any corporation and not acting on behalf of the owner. Charleston, WV 25324-1202
which derives more than 50% of its
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