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WV Code § 11-13FF-3 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13FF. Tax Credit for Donation or Sale of Vehicle|§11-13FF-3. Determination of Value of Credit

(a) At the time of the donation or sale of the vehicle, the taxpayer shall provide to the qualified charitable organization an estimate of the fair market value of the vehicle. (b) Upon accepting the vehicle to be used in their program, the qualified charitable organization shall provide the taxpayer a signed and dated form prescribed by the division containing at a minimum:(1) The vehicle identification number of the vehicle, its make and model;(2) The name, address and taxpayer identification number of the taxpayer;(3) The name and address of the qualifying charitable organization;(4) The qualifying charitable organizations determination of the program value of the vehicle, based upon the taxpayers estimate of the fair market value of the vehicle and the suitability of the vehicle for the qualifying charitable organizations programs; and(5) The maximum amount of tax credit authorized for the donation or sale of the vehicle; as calculated by the qualifying charitable organization: Provided, That the actual amount of tax credit authorized shall be determined by the tax division as provided in section two of this article.(c) To claim the tax credit, the taxpayer shall send the form provided by the qualified charitable organization to the division for certification.
WV Code § 11-13FF-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13FF. Tax Credit for Donation or Sale of Vehicle|§11-13FF-4. Applicability to as Is Vehicles

Notwithstanding any other provision of this code to the contrary, the fair market value of the vehicle and not the sales price shall be used to determine the applicability of 46A-6-107a(a)(3)(A) of this code to any vehicle the sale of which qualifies for a tax credit as provided by this article.
WV Code § 11-13FF-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13FF. Tax Credit for Donation or Sale of Vehicle|§11-13FF-5. Legislative Rules

The Tax Commissioner shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code as may be necessary to carry out the purposes of this article.
WV Code § 11-13FF-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13FF. Tax Credit for Donation or Sale of Vehicle|§11-13FF-6. Tax Credit Review Report

Beginning on the first day of the second taxable year after the passage of this article and every two years thereafter, the division shall submit to the Governor, the President of the Senate and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost effectiveness of the tax credit and donations during the most recent two-year period for which information is available.
WV Code § 11-13FF-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13FF. Tax Credit for Donation or Sale of Vehicle|§11-13FF-7. Effective Date

The credit allowed by this article shall be allowed upon donations occurring after December 31, 2020.
WV Code § 11-13GG-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-1. Short Title

This article may be cited as the Downstream Natural Gas Manufacturing Investment Tax Credit Act of 2020.
WV Code § 11-13GG-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-2. Legislative Finding and Purpose

The Legislature finds that the encouragement of downstream manufacturing in this state is in the public interest and promotes the general welfare of the people of this state. In order to encourage greater capital investment in downstream natural gas manufacturing businesses in this state and thereby increase economic opportunity in this state, there is hereby enacted the downstream manufacturing tax credit.
WV Code § 11-13GG-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-4. Amount of Credit Allowed

(a) Credit allowed. Notwithstanding any other provision of this code, eligible taxpayers are allowed a credit against the portion of taxes imposed by this state that are attributable to and the consequence of the taxpayers qualified investment in a new or expanded downstream natural gas manufacturing facility in this state, which results in the creation of new jobs. The amount of this credit is determined and applied as provided in this article.(b) Amount of credit. The amount of credit allowable is determined by multiplying the amount of the taxpayers qualified investment, determined under 11-13GG-6 of this code, in property purchased or leased for a new, or expansion of an existing "downstream natural gas manufacturing facility", as defined in 11-13GG-3 of this code, by the taxpayers new jobs percentage, determined under 11-13GG-7 of this code. The product of this calculation establishes the maximum amount of credit allowable under this article due to the qualified investment.(c) Application of credit over 10 years. The amount of credit allowable must be taken over a 10-year period, at the rate of one tenth of the amount thereof per taxable year, beginning with the taxable year in which the taxpayer places the qualified investment in service or use in this state, unless the taxpayer elected to delay the beginning of the 10-year period until the next succeeding taxable year. This election shall be made in the annual income tax return filed under this chapter for the taxable year in which qualified investment is first placed into service or use by the taxpayer. Once made, the election cannot be revoked. The annual credit allowance is taken in the manner prescribed in 11-13GG-5 of this code.(d) Placed in service or use. For purposes of the credit allowed by this section, property is considered placed in service or use in the earlier of the following taxable years:(1) The taxable year in which, under the taxpayers depreciation practice, the period for depreciation with respect to the property begins; or(2) The taxable year in which the property is placed in a condition or state of readiness and availability for a specifically assigned function.
WV Code § 11-13GG-10 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-10. Transfer of Qualified Investment to Successors

(a) Mere change in form of business. Property may not be treated as disposed of under 11-13GG-8 of this code, by reason of a mere change in the form of conducting the business as long as the property is retained in the successors downstream natural gas manufacturing facility in this state, and the transferor business retains a controlling interest in the successor business. In this event, the successor business is allowed to claim the amount of credit still available with respect to the business facility or facilities transferred, and the transferor business may not be required to redetermine the amount of credit allowed in earlier years.(b) Transfer or sale to successor. Property is not treated as disposed of under 11-13GG-10 of this code by reason of any transfer or sale to a successor business which continues to operate the downstream natural gas manufacturing facility in this state. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article for each subsequent taxable year and the transferor business is not required to redetermine the amount of credit allowed in earlier years.
WV Code § 11-13GG-11 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-11. Identification of Investment Credit Property

Every taxpayer who claims credit under 11-13GG-1 et seq. of this code shall maintain sufficient records to establish the following facts for each item of qualified property:(1) Its identity;(2) Its actual or reasonably determined cost;(3) Its straight-line depreciation life;(4) The month and taxable year in which it was placed in service;(5) The amount of credit taken; and(6) The date it was disposed of or otherwise ceased to be use as qualified property in the downstream natural gas manufacturing facility of the taxpayer.
WV Code § 11-13GG-12 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-12. Failure to Keep Records of Investment Credit Property

A taxpayer who does not keep the records required for identification of investment credit property is subject to the following rules:(1) A taxpayer is treated as having disposed of, during the taxable year, any investment credit property which the taxpayer cannot establish was still on hand, in this state, at the end of that year.(2) If a taxpayer cannot establish when investment credit property reported for purposes of claiming this credit returned during the taxable year was placed in service, the taxpayer is treated as having placed it in service in the most recent prior year in which similar property was placed in service, unless the taxpayer can establish that the property placed in service in the most recent year is still on hand. In that event, the taxpayer will be treated as having placed the returned property in service in the next most recent year.
WV Code § 11-13GG-13 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-13. Interpretation and Construction

(a) No inference, implication, or presumption of legislative construction or intent may be drawn or made by reason of the location or grouping of any particular section, provision, or portion of 11-13GG-1 et seq. of this code; and no legal effect may be given to any descriptive matter or heading relating to any section, subsection, or paragraph of this article.(b) The provisions of 11-13GG-1 et seq. of this code shall be reasonably construed in order to effectuate the legislative intent recited in 11-13GG-2 of this code.
WV Code § 11-13GG-14 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-14. Burden of Proof; Application Required; Failure to Make Timely Application

(a) Burden of proof. The burden of proof is on the taxpayer to establish by clear and convincing evidence that the taxpayer is entitled to the benefits allowed by 11-13GG-1 et seq. of this code.(b) Application for credit required. (1) Application required. Notwithstanding any provision of this article to the contrary, no credit is allowed or may be applied under 11-13GG-1 et seq. of this code for any qualified investment property placed in service or use until the person asserting a claim for the allowance of credit under this article makes written application to the commissioner for allowance of credit as provided in this subsection. An application for credit shall be filed, in the form prescribed by the Tax Commissioner, no later than the last day for filing the tax returns, determined by including any authorized extension of time for filing the return, required under 11-21-1 et seq. or 11-24-1 et seq. of this code for the taxable year in which the property to which the credit relates is placed in service or use and all information required by the form shall be provided.(2) Failure to make timely application. The failure to timely apply for the credit results in the forfeiture of 50 percent of the annual credit allowance otherwise allowable under 11-13GG-1 et seq. of this code. This penalty applies annually until the application is filed.
WV Code § 11-13GG-15 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-15. Tax Credit Review and Accountability

(a) Beginning on February 1, 2025, and every third year thereafter, the Tax Commissioner shall submit to the Governor, the President of the Senate, and the Speaker of the House of Delegates a tax credit review and accountability report evaluating the cost effectiveness of this credit during the most recent three-year period for which information is available. The criteria to be evaluated shall include, but not be limited to, for each year of the three-year period:(1) The numbers of taxpayers claiming the credit;(2) The net number of new jobs created by all taxpayers claiming the credit;(3) The cost of the credit;(4) The cost of the credit per new job created; and(5) Comparison of employment trends for an industry and for taxpayers within the industry that claim the credit.(b) Taxpayers claiming the credit shall provide any information the Tax Commissioner may require to prepare the report required by this section: Provided, That the information provided is subject to the confidentiality and disclosure provisions of 11-10-5d of this code.(c) On or before February 1, 2025, the Department of Commerce, in consultation with the Tax Commissioner, the Department of Transportation, and the Department of Environmental Protection shall submit to the Governor, the President of the Senate, and the Speaker of the House of Delegates a report of the impact of all the tax credits and other economic incentives provided in 11-13GG-1 et seq. of this code upon; (1) Economic development in this state, including, but not limited to, the creation of jobs in this state; (2) the states infrastructure, including, but not limited to, the need for construction or maintenance of the roads and highways of the state; (3) the natural resources of the state; and (4) upon public and private property interests in the state.
WV Code § 11-13GG-16 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-16. Rules

The Tax Commissioner may promulgate such interpretive, legislative, and procedural rules as the commissioner deems to be useful or necessary to carry out the purpose of 11-13GG-1 et seq. of this code and to implement the intent of the Legislature. The Tax Commissioner may promulgate emergency rules if they are filed in the West Virginia Register before January 1, 2021. All rules shall be promulgated in accordance with the provisions of 29A-3-1 et seq. of this code.
WV Code § 11-13GG-17 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-17. General Procedure and Administration

Each and every provision of the "West Virginia Tax Procedure and Administration Act" set forth in 11-10-1 et seq. of this code applies to the tax credit allowed under 11-13GG-1 et seq. of this code, except as otherwise expressly provided in this article, with like effect as if that act were applicable only to the tax credit allowed by 11-13GG-1 et seq. of this code and were set forth in extenso in this article.
WV Code § 11-13GG-18 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-18. Crimes and Penalties

Each and every provision of the "West Virginia Tax Crimes and Penalties Act" set forth in 11-9-1 et seq. of this code applies to the tax credit allowed by 11-13GG-1 et seq. of this code with like effect as if that act were applicable only to the tax credit 11-13GG-1 et seq. of this code and were set forth in extenso in this article.
WV Code § 11-13GG-19 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-19. Severability

(a) If any provision of 11-13GG-1 et seq. of this code, or the application thereof, is for any reason adjudged by any court of competent jurisdiction to be invalid, the judgment may not affect, impair, or invalidate the remainder of 11-13GG-1 et seq. of this code, but shall be confined in its operation to the provision thereof directly involved in the controversy in which the judgment shall have been rendered, and the applicability of the provision to other persons or circumstances may not be affected thereby.(b) If any provision of 11-13GG-1 et seq. of this code, or the application thereof, is made invalid or inapplicable by reason of the repeal or any other invalidation of any statute therein addressed or referred to, such invalidation or inapplicability may not affect, impair, or invalidate the remainder of 11-13GG-1 et seq. of this code, but shall be confined in its operation to the provision thereof directly involved with, pertaining to, addressing, or referring to the statute, and the application of the provision with regard to other statutes or in other instances not affected by any such repealed or invalid statute may not be abrogated or diminished in any way.
WV Code § 11-13GG-20 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13GG. Downstream Natural Gas Manufacturing Investment Tax Credit of 2020|§11-13GG-20. Effective Date

The credit allowed by this article is allowable for qualified investment property placed in service or use on or after July 1, 2020, subject to the rules contained in 11-13GG-1 et seq. of this code and rules promulgated by the Tax Commissioner pursuant to 29A-3-1 et seq. of this code.
WV Code § 11-13HH-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act|§11-13HH-1. Short Title

This article shall be known and cited as the "West Virginia Natural Gas Liquids Property Tax Adjustment Act."
WV Code § 11-13HH-3 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act|§11-13HH-3. Eligibility for Tax Credits; Creation of the Credit

There shall be allowed to every eligible taxpayer a credit against the taxes imposed under 11-21-1 et seq. or 11-24-1 et seq. of this code, as determined under this article.
WV Code § 11-13HH-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act|§11-13HH-4. Amount of Credit Allowed

(a) Credit allowed. Eligible taxpayers are allowed a credit against the tax imposed under 11-21-1 et seq. or 11-24-1 et seq. of this code, 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 allowed to the eligible taxpayer is the amount of West Virginia ad valorem property tax paid on the value of inventory and equipment of the eligible taxpayer during the personal income tax year and corporate net income tax year, as applicable.
WV Code § 11-13HH-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act|§11-13HH-5. Application of Annual Credit Allowance

(a) Application of credit against personal income tax or corporate net income tax. The amount of the credit shall be taken against the tax liabilities of the eligible taxpayer for the current taxable year imposed by 11-21-1 et seq. or 11-24-1 et seq. of this code.(b) Carry forward credit allowed. Any credit remaining after application of the credit against the tax liabilities specified in subsection (a) of this section for the current taxable year does not carry back to any prior taxable year, but is carried forward to a subsequent taxable year for up to three taxable years. The credit allowed under this article shall be applied after application of all other applicable tax credits allowed for the taxable year against the taxes imposed by 11-21-1 et seq. of this code and after application of all other applicable tax credits allowed for the taxable year against the taxes imposed by 11-24-1 et seq. of this code.(c) Annual schedule. For purposes of asserting the credit against tax, the taxpayer must prepare and file an annual schedule showing the amount of tax paid for the taxable year and the amount of credit allowed under this article. The annual schedule shall set forth the information and be in the form prescribed by the Tax Commissioner.
WV Code § 11-13HH-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act|§11-13HH-6. Availability of Credit to Successors

(a) Transfer or sale of assets. (1) Where there has been a transfer or sale of the business assets of an eligible taxpayer to a successor which subsequent to the transfer constitutes an eligible taxpayer as defined in this article and which remains subject to the taxes prescribed under 11-21-1 et seq. or 11-24-1 et seq. of this code, the successor eligible taxpayer is entitled to the credit allowed under this article: Provided, That the successor taxpayer otherwise remains in compliance with the requirements of this article for entitlement to the credit.(2) For any taxable year during which a transfer, or sale of the business assets of an eligible taxpayer to a successor eligible taxpayer under this section occurs, or a merger occurs pursuant to which credit is allowed under this article, the credit allowed under this article shall be apportioned between the predecessor eligible taxpayer and the successor eligible taxpayer based on the number of days during the taxable year that each taxpayer owned the transferred business assets.(b) Stock purchases. Where a corporation which is an eligible taxpayer entitled to the credit allowed under this article is purchased through a stock purchase by a new owner and remains a legal entity so as to retain its corporate identity, the entitlement of that corporation to the credit allowed under this article will not be affected by the ownership change: Provided, That the corporation otherwise remains in compliance with the requirements of this article for entitlement to the credit.(c) Mergers. (1) Where a corporation or other entity which is an eligible taxpayer entitled to the credit allowed under this article is merged with another corporation or entity, the surviving corporation or entity is entitled to the credit to which the predecessor eligible taxpayer was originally entitled: Provided, That the surviving corporation or entity otherwise complies with the provisions of this article.(2) The amount of credit available in any taxable year during which a merger occurs shall be apportioned between the predecessor eligible taxpayer and the successor eligible taxpayer based on the number of days during the taxable year that each owned the transferred business assets.(d) No provision of this section or of this article may be construed to allow sales or other transfers of the tax credit allowed under this article. The credit allowed under this article can be transferred only in circumstances where there is a valid successorship as described under this section.