When used in this article, the term “person” or the term “company”, herein used interchangeably, includes any individual, firm, copartnership, joint venture, association, corporation, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.
(a) “Tax year” or “taxable year” means either the calendar year or the taxpayer’s fiscal year when permission is obtained from the Town Recorder to use same as the tax period in lieu of the calendar year.
(b) “Sale”, “sales” or “selling” includes any transfer of the ownership of, or title to, property, whether for money or in exchange for other property.
(c) “Taxpayer” means any person liable for the tax hereunder.
(d) “Gross income” means the gross receipts of the taxpayer received as compensation for personal services, and the gross receipts of the taxpayer derived from trade, business, commerce or sales, and the value proceeding or accruing from the sale of tangible property, real or personal, or service, or both, and all receipts by reason of the investment of the capital of the business engaged in, including rentals, fees, or other emoluments however designated and without any deductions on account of the cost of property sold, the cost of materials used, labor costs, taxes, royalties, interest or discount paid or any other expense whatsoever.
(e) “Gross proceeds of sales” means the value, whether in money or other property, actually proceeding from the sale of tangible property without any deduction on account of the cost of property sold or expenses of any kind.
(f) “Gross income” and “gross proceeds of sales” shall not include:
(1) Cash discounts allowed and taken on sales;
(2) The proceeds of sale of goods, wares or merchandise returned by customers when the sale price is refunded either in cash or by credit;
(3) The amount allowed as “trade-in-value” for any article accepted as partial payment for any article sold;
(4) Excise taxes imposed by the State; or
(5) Money or other property received or held by the taxpayer for the use and benefit of another person.
(g) “Business” includes all activities engaged in or caused to be engaged in with the object of gain or economic benefit, either direct or indirect. “Business” shall not include a casual sale by a person who is not engaged in the business of selling the type of property involved in such casual sale. “Business” shall include the production of natural resources or manufactured products which are used or consumed by the producer or manufacturer.
(h) “Service, business or calling” includes all activities engaged in for other persons for a consideration, which involves the rendering of a service as distinguished from the sale of tangible property, but shall include the services rendered by an employee to his employer. This term shall include, but shall not be limited to, those persons engaged in manufacturing, compounding or preparing for sale, profit or commercial use, articles, substances or commodities which are owned by another or others, as well as persons engaged as independent contractors in producing natural resource products for persons required to pay the tax imposed by Section 763.03
.
(i) “Selling at wholesale” or “wholesale” means:
(1) Sales of any tangible personal property for the purpose of resale in the form of tangible personal property;
(2) Sales of machinery, supplies or materials which are to be directly consumed or used by the purchaser in the conduct of any business or activity which is subject to the tax imposed by this article or by West Virginia Code Article 11-12A.
(3) Sales of any tangible personal property to the United States of America, its agencies and instrumentalities or to the State, its institutions or political subdivisions.
(j) “Contracting” includes the furnishing of work, or both materials and work, in the fulfillment of a contract for the construction, alteration, repair, decoration or improvement of a new or existing building or structure, or any part thereof, or for the alteration, improvement or development of real property.
(Passed 9-4-80.)