(a) Exempt Businesses. The provisions of this article shall not apply to:
(1) Insurance companies which pay the State of West Virginia a tax upon premiums: Provided, that said exemption shall not extend to that part of the gross income of insurance companies which is received for the use of real property, other than property in which any company maintains its office or offices, in this state, whether the income be in the form of rentals or royalties. This exemption does not include insurance agents that are paid a commission from insurance companies and paid via Form 1099 (only agents who are employee’s of an insurance company and are compensated via Form W-2, are exempt from B&O taxes for the income provided on the W-2 as Wages);
(2) Nonprofit cemetery companies organized and operated for the exclusive benefit of their members;
(3) Fraternal societies, organizations and associations organized and operated for the exclusive benefit of their members and not for profit: provided, that the exemption shall not extend to that part of the gross income arising from the sale of alcoholic liquor, food and related services of fraternal societies, organizations and associations which are licensed as private clubs under the provisions of article seven, chapter sixty of this code;
(4) Corporations, associations and societies organized and operated exclusively for religious or charitable purposes and production credit associations, organized under the provisions of the Federal Farm Credit Act of 1933;
(5) Any credit union organized under the provisions of chapter thirty-one of this code or any other chapter of this code: Provided, that the exemptions of this section shall not apply to corporations or cooperative associations organized under the provisions of article four, chapter nineteen of this code.
(Ord. 342. Passed 11-2-09.)
(b) Governments. Purchases of public utility service by the United States of America, the State of West Virginia and the political subdivisions, municipalities, bonds, commissions, authorities and public corporations thereof.
(Passed 2-28-83.)