735.05  CREDIT AGAINST MUNICIPAL USE TAX.
   (a)   A person or entity is entitled to a credit against the Municipal Use Tax herein imposed on the use of a particular item of tangible personal property, custom software or services equal to the amount, if any, of sales tax lawfully paid to another municipality for the acquisition of the property or service; provided, the amount of credit allowed shall not exceed the amount of Municipal Use Tax imposed on the use of the property or service in the City. For purposes of this section the following definitions shall apply:
      (1)    "Municipality" means a municipality, as defined in West Virginia Code §8-1-2, or a comparable unit or entity of local government in another State; and,
      (2)    "Sales Tax" includes a sales tax or compensating use tax lawfully imposed on the use of tangible personal property, custom software or a service by the municipality or county, as appropriate, in which the sale or use occurred; and,
      (3)    "State" includes the fifty (50) states of the United States and the District of Columbia, but does not include any of the several territories organized by Congress.
   No credit is allowed under this section for payment of any sales or use taxes imposed by this State or any other State. 
(Ord. 2223.  Passed 12-17-15.)