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WV Code § 11-13F-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13F. Business and Occupation Tax Credit for Reducing Electric and Natural Gas Utility Rates for Low-Income Residential Customers|§11-13F-4. When Credit May Be Taken

An eligible taxpayer may claim a credit allowed under this article against its business and occupation tax liability for the year in which it receives certification of the amount of its revenue deficiency from the Public Service Commission.Notwithstanding the provisions of section four, article thirteen of this chapter to the contrary, in determining the amount of estimated business and occupation taxes reported on any monthly or quarterly estimate of business and occupation taxes that is due for any portion of the calendar year prior to July 1, of such year, no estimated credit may be claimed or considered.In estimating the amount of monthly or quarterly tax due for the months of July and succeeding months in any calendar year, the eligible taxpayer may divide the amount certified as its revenue deficiency by the Public Service Commission, by the number of returns (estimated and annual) that will become due for the period July through December of each year. The resultant quotient shall be the maximum amount allowed to be taken as credit on each said return: Provided, That in no event may application of this credit reduce the tax liability below zero.
WV Code § 11-13F-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13F. Business and Occupation Tax Credit for Reducing Electric and Natural Gas Utility Rates for Low-Income Residential Customers|§11-13F-5. Application of Credit

(a) Any unused portion of a credit allowed under this article may be taken as a credit against corporation net income taxes due for the taxable year, as provided in section eleven, article twenty-four of this chapter.(b) If any portion of the amount certified as its revenue deficiency by the Public Service Commission is not recovered under subsection (a), it may be carried over to the subsequent year for business and occupation tax purposes and shall be applied as a credit before any other credits for that year are applied.(c) In no event shall an eligible taxpayer be allowed to recover more than one hundred percent of its certified revenue deficiency.
WV Code § 11-13G-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13G. Tax Credit for Reducing Telephone Utility Rates for Certain Low-Income Residential Customers|§11-13G-1. Legislative Purpose

In order to reimburse telephone utilities for the revenue deficiencies which they incur in providing telephone service at special reduced rates to certain low-income residential customers in accordance with the provisions of article two-c, chapter twenty-four of this code, there is hereby provided a tax credit for providing telephone service at special rates to qualified low-income residential customers.
WV Code § 11-13G-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13G. Tax Credit for Reducing Telephone Utility Rates for Certain Low-Income Residential Customers|§11-13G-2. Definitions

(a) Any term used in this article shall have the same meaning as when used in a comparable context in articles twelve-a and thirteen-b of this chapter, unless a different meaning is clearly required by the context in which it is used or by definition in this article.(b) As used in this article, the term:(1) "Eligible taxpayer" means a utility which has provided telephone service to qualified low-income residential customers at special reduced rates.(2) "Cost of providing telephone service at special reduced rates" means the amount certified by the Public Service Commission under the provisions of section two, article two-c, chapter twenty-four of this code as the revenue deficiency incurred by a telephone utility in providing telephone service at special reduced rates as required by section one, article two-c, chapter twenty-four of this code.(3) "Special reduced rates" means the rates ordered by the Public Service Commission under the authority of section one, article two-c, chapter twenty-four of this code.(4) "Qualified low-income residential customers" means customers eligible to receive telephone service at special reduced rates.
WV Code § 11-13G-3 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13G. Tax Credit for Reducing Telephone Utility Rates for Certain Low-Income Residential Customers|§11-13G-3. Amount of Credit

There shall be allowed to any eligible taxpayer a credit against the carrier income tax imposed by article twelve-a of this chapter or telecommunications tax imposed by article thirteen-b of this chapter, whichever such tax may be imposed upon the eligible taxpayer, for providing telephone service at special reduced rates to qualified low-income residential customers. The amount of the credit available to any eligible taxpayer shall be equal to its cost of providing telephone service at special reduced rates to qualified low-income residential customers less any reimbursement of such cost which the taxpayer has received through other means.
WV Code § 11-13G-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13G. Tax Credit for Reducing Telephone Utility Rates for Certain Low-Income Residential Customers|§11-13G-4. When Credit May Be Taken

An eligible taxpayer may claim a credit allowed under section three of this article against its tax liability for the taxable year for which it receives certification of the amount of its revenue deficiency from the Public Service Commission.
WV Code § 11-13G-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13G. Tax Credit for Reducing Telephone Utility Rates for Certain Low-Income Residential Customers|§11-13G-5. Application of Credit

(a) Any unused portion of a credit allowed under this article may be taken as a credit against corporation net income taxes due for the taxable year as provided in section eleven-a, article twenty-four of this chapter.(b) If any portion of the amount certified as the eligible taxpayer's revenue deficiency by the Public Service Commission is not recovered under subsection (a) hereof, the unrecovered amount may be carried over to the subsequent year as a tax credit as allowed by section three of this article and shall be applied as a credit before any other credits for that year are applied.(c) In no event shall an eligible taxpayer be allowed to recover more than one hundred percent of its certified revenue deficiency.
WV Code § 11-13H-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13H. Business and Occupation Tax Credit for Increased Generation of Electricity|§11-13H-1. To 11-13h-4

Repealed.Acts, 2002 Reg. Sess., Ch. 104.
WV Code § 11-13I-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13I. Tax Credit for Employing Former Employees of Colin Anderson Center Who Lost Their Jobs Due to the Closure of Colin Anderson Center|§11-13I-1. Legislative Purpose

The Legislature finds and declares that the Colin Anderson Center employees were good employees and performed a valuable service for the residents of the center, and the public comments regarding the closure of Colin Anderson indicated that the main objection to the closure was the care which the residents of Colin Anderson would receive elsewhere. In recognition of the expertise of these employees and their dedication to their duties and the people whom they cared for, the Legislature finds that it is in the best interests of the state to encourage the employment of those persons who are unemployed as a result of the closing of the Colin Anderson Center.
WV Code § 11-13I-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13I. Tax Credit for Employing Former Employees of Colin Anderson Center Who Lost Their Jobs Due to the Closure of Colin Anderson Center|§11-13I-2. Credit Allowed; Amount and Duration of Credit; Recapture of Credit and Effective Date

(a) There shall be allowed to eligible taxpayers a credit against the taxes imposed in articles twenty-one, twenty-three and twenty-four of this chapter. For the purpose of this article, "eligible taxpayer" means a person, firm, partnership, corporation or other entity who employs a person or persons who lost his or her job as a result of the closure of the Colin Anderson Center. Such credit shall be in an amount equal to one half of the cost to the state of unemployment compensation which shall be determined based on the unemployment compensation cost to the state of an employee who earns $21,000 per year and shall be further determined as if such person was unemployed for and drew a full sixteen weeks of unemployment benefits. In the event an eligible taxpayer employs more than one such person, the credit allowed shall be multiplied by the number of persons so employed.(b) The credit set forth in this article shall apply to personal income tax liabilities, corporation net income tax liabilities and business franchise tax liabilities arising after December 31, 1995. The credit established in this article shall expire and may not be claimed for those tax years ending after December 31, 2000, and in order to claim this credit an eligible taxpayer shall have employed a person who lost his or her job after December 31, 1995, as a result of the closing of Colin Anderson Center and must be employed after said date and prior to December 31, 1999.(c) As a condition of receiving the credit established in this article, the eligible taxpayer shall employ the person or persons for a period of time at least equal to one year. In the event such person is employed for less than one year the credit herein shall be recaptured at the rate of twenty percent of the dollar value of the credit for each month under twelve months the person works.
WV Code § 11-13I-3 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13I. Tax Credit for Employing Former Employees of Colin Anderson Center Who Lost Their Jobs Due to the Closure of Colin Anderson Center|§11-13I-3. Application of Credit; Limitation of Credit; Tax Commissioner to Promulgate Forms and Legislative Rule; Notice of Credit

(a) The credit allowed in this article shall be first applied to a taxpayer's business franchise tax liability, and then to either the taxpayer's personal income tax liability or corporation net income tax liability, as the case may be.(b) The credit allowed in this article shall not exceed $10,000 per year and shall not be refundable, nor carried forward nor backward to other tax years.(c) The State Tax Commissioner shall promulgate legislative rules pursuant to chapter twenty-nine-a of this code regarding the applicability, method of claiming of the credit, recapture of the credit and documentation necessary to claim the credit herein allowed.(d) The State Tax Commissioner shall develop a written notice setting forth the availability of this credit and shall transmit this notice to the Department of Health and Human Resources to be distributed to potential employers of the Colin Anderson Center to make such employers aware of the tax credit allowed herein. The Department of Health and Human Resources shall distribute notice of the credit allowed herein as widely as possible to potential employers.
WV Code § 11-13J-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-1. Short Title

This article shall be known as the "Neighborhood Investment Program Act".
WV Code § 11-13J-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-2. Legislative Finding and Purpose

It is the finding of the Legislature that community-based organizations can be a powerful force in community development. However, in West Virginia their effectiveness has historically been weakened by meager resources. Private corporations and individuals in West Virginia possess the resources to aid community-based organizations in their efforts to assist neighborhoods and communities. Due to the lack of clear incentives, the private and not-for-profit sectors have often not taken advantage of opportunities to collaborate with community-based organizations to the full extent possible by investment and participation in local programs.Therefore, the neighborhood investment program act is hereby enacted with the intent that it provide incentives for contributions to qualifying charitable projects. It is the intent of the Legislature that this act encourage private sector businesses and individuals to contribute capital to community-based organizations which establish projects to assist neighborhoods and local communities through such services as health care, counseling, emergency assistance, crime prevention, education, housing, job training and physical and environmental improvements.
WV Code § 11-13J-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-5. Amount of Credit Allowed

(a) Credit allowed. -- Eligible taxpayers shall be allowed a credit against taxes imposed by this state, the application of which and the amount of which shall be determined as provided in this article.(b) Amount of credit. -- The amount of credit allowable is fifty percent of the amount of the taxpayer's "eligible contribution".(c) Application of credit within five years. -- The amount of credit allowable must be taken within a five-year period, beginning with the tax year in which the taxpayer irrevocably transfers its eligible contribution to the project plan transferee. Notwithstanding any other provision of this article to the contrary, the tax credit which a taxpayer receives under this article may not exceed $100,000 in any tax year of the eligible taxpayer. A tax credit shall be allowable under this article only for the tax year of the eligible taxpayer in which the eligible contribution is irretrievably transferred to the project plan transferee, and for the next succeeding four tax years.
WV Code § 11-13J-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-7. Assertion of the Tax Credit Against Tax

(a) Any eligible taxpayer which desires to claim a tax credit as provided in this article shall file with the West Virginia Tax Commissioner, in such form as the Tax Commissioner may prescribe, an annual tax credit reporting schedule stating the amount of the eligible contribution which the taxpayer has made. The eligible taxpayer shall file with the tax credit reporting schedule a certificate, issued by the director of the West Virginia Development Office, evidencing approval of the project plan by the director of the West Virginia Development Office, pursuant to which the contribution was made.(b) In the tax credit reporting schedule required under this section, the taxpayer shall provide all information required by the Tax Commissioner's prescribed form.(c) The tax credit reporting schedule shall be filed with the annual return for the taxes imposed by article twenty-four of this chapter for the tax year in which the eligible contribution is first irrevocably transferred to a transferee pursuant to a certified project plan: Provided, That, if the eligible taxpayer is not required to file a tax return under article twenty-four of this chapter, then such tax credit reporting schedule shall be filed with the annual return for the taxes imposed by article twenty-three of this chapter for such year: Provided, however, That, if the eligible taxpayer is not required to file a tax return under article twenty-three or twenty-four of this chapter, then such tax credit reporting schedule shall be filed with the annual return for the taxes imposed by article twenty-one of this chapter for such year.(d) The tax credit reporting schedule shall be accompanied by such proof of payment as the Tax Commissioner may prescribe, showing that the amount to be contributed under the certified project plan has been paid to the transferee designated in the certified plan solely for the certified project.(e) The Tax Commissioner may disallow any credit claimed under this article for which a properly completed tax credit reporting schedule or a properly completed and valid statement or proof of payment of the eligible contribution, or other required documentation, statements or proofs are not timely filed.
WV Code § 11-13J-8 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-8. Total Maximum Aggregate Tax Credit Amount

(a) The amount of tax credits allowed under this article may not exceed $3,000,000 in any state fiscal year.(b) Applications for project certification shall be filed with the West Virginia Development Office. The West Virginia Development Office shall record the date each application is filed. All complete and valid applications shall be considered for approval or disapproval in a timely manner by the neighborhood assistance advisory board. The board may, in its discretion, consider applications for approval or disapproval at special or interim meetings for expedited processing.(c) When the total amount of tax credits certified under this article equals the maximum amount of tax credits allowed, as specified in subsection (a) of this section, in any state fiscal year, no further certifications shall be issued in that same fiscal year. Upon approval of a project by the board, the Director of the West Virginia Development Office shall certify the approved project unless certification is prohibited by the limitations and requirements set forth in this article.(d) All applications filed in any state fiscal year and not certified during the state fiscal year in which they are filed shall be null and void by operation of law on the last day of the state fiscal year in which they are filed, and all applicants which elect to seek certification of a project plan shall file anew on and after the first day of the succeeding state fiscal year.
WV Code § 11-13J-9 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-9. Credit Recapture; Interest; Penalties; Additions to Tax; Statute of Limitations

If it appears upon audit or otherwise that an eligible taxpayer has not made contribution as represented, or should it appear that contributions made by an eligible taxpayer were made to the direct or indirect benefit of the eligible taxpayer making the contribution or to the direct or indirect benefit of any person related to the eligible taxpayer making the contribution, the credit previously allowed under this article shall be recaptured, and amended returns shall be filed for any tax year for which the credit was taken. Any additional taxes due under this chapter shall be remitted with the amended return or returns filed with the Tax Commissioner, along with interest, as provided in section seventeen, article ten of this chapter, and a ten percent penalty, which may be waived by the Tax Commissioner if the taxpayer shows that the overclaimed amount was due to reasonable cause and not due to willful neglect, and such other penalties and additions to tax as may be applicable pursuant to the provisions of article ten of this chapter. Notwithstanding the provisions of article ten of this chapter, the statute of limitations for the issuance of an assessment of tax by the Tax Commissioner shall be five years from the date of the filing of any tax return on which this credit was taken or five years from the date of payment of any tax liability calculated pursuant to the assertion of this credit, whichever is later.
WV Code § 11-13J-10 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-10. Public Information Relating to Tax Credit

The Tax Commissioner shall annually publish in the State Register the name of every taxpayer asserting this credit on a tax return, and the amount of any credit asserted on a tax return under this article by each such taxpayer, and the confidentiality provisions of section four-a, article one of this chapter or section five-d, article ten of this chapter, or of any other provision of this code, do not apply to such information.
WV Code § 11-13J-11 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-11. Audits and Examinations; Information Sharing

(a) The Tax Commissioner may, at his or her discretion, perform joint audits or examinations with the West Virginia Development Office or independently audit or examine the books, records and other information, as appropriate, of any taxpayer or of any person, organization or entity which has filed an application for certification of a project plan under this article, or of any taxpayer which has asserted this credit on a tax return, or of any person, organization or entity believed to have relevant information.(b) For purposes of joint audits, or any administrative or judicial proceeding or procedure relating to any tax credit taken, asserted or sought under this article, the Tax Commissioner may share such tax information as the Tax Commissioner may deem appropriate with the West Virginia Development Office, notwithstanding the provisions of section four-a, article one of this chapter or section five-d, article ten of said chapter, or any other provision of this code to the contrary.
WV Code § 11-13J-12 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13J. Neighborhood Investment Program|§11-13J-12. Program Evaluation; Expiration of Credit; Preservation of Entitlement

Beginning on December 15, 2005, and every third year thereafter, the director shall secure an independent review of the Neighborhood Investment Program created by this article and present the findings to the Joint Committee on Government and Finance. Unless sooner terminated by law, the Neighborhood Investment Program Act terminates on July 1, 2026. There is no entitlement to the tax credit under this article for a contribution made to a certified project after July 1, 2026, and no credit is available to any taxpayer for any contribution made after that date. Taxpayers which have gained entitlement to the credit pursuant to eligible contributions made to certified projects prior to July 1, 2026, shall retain that entitlement and apply the credit in due course pursuant to the requirements and limitations of this article.
WV Code § 11-13K-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13K. Tax Credit for Agricultural Equipment|§11-13K-1. Findings and Purpose

The Legislature finds that it is an important public policy to promote environmentally sound practices within the agricultural industry in this state. Therefore, a credit against the taxes imposed by articles twenty-one and twenty-four of this chapter shall be allowed in an amount equaling twenty-five percent of all expenditures for the purchase and installation of agricultural equipment and structures for agricultural operations within this state which serve to protect the environment.