reglab/housing_qa huggingface dataset:
WV Code § 11-13X-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-5. Amount of Credit Allowed; Limitation of the Credits

(a) Base allowance. --The amount of credit allowed to every eligible company, except as provided in subsection (b) of this section, is twenty-seven percent.(b) Extra allowance for hiring of local workers. -- Any amount allowed in subsection (a) of this section shall be increased by an additional four percent if the eligible company, or its authorized payroll service company, employs ten or more West Virginia residents as part of its full-time employees working in the state or as apprentices working in the state.(c) Application of the credits. -- The tax credit allowed under this section shall be applied to the eligible company's state tax liability as provided in section seven of this article.(d) Limitation of the credits. -- No more than $5 million of the tax credits may be allocated by the film office in any given West Virginia state fiscal year. The film office shall allocate the tax credits in the order the applications therefor are received.
WV Code § 11-13X-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-6. Requirements for Credit

(a) In order for any eligible company to claim a tax credit under this article, it shall comply with the following requirements:(1) If the qualified project contains production credits, the eligible company shall agree, upon request by the film office, to recognize the State of West Virginia with the following acknowledgment in the end credit roll: "Filmed in West Virginia with assistance of the West Virginia Film Industry Investment Act";(2) Apply to the film office on forms and in the manner the film office may prescribe; and(3) Submit to the film office information required by the film office to demonstrate conformity with the requirements of this section and shall agree in writing:(A) To pay all obligations the eligible company has incurred in West Virginia; and(B) To delay filing of a claim for the tax credit authorized by this article until the film office delivers written notification to the Tax Commissioner that the eligible company has fulfilled all requirements for the credit.The film office shall determine the eligibility of the company and the qualification of each project, and shall report this information to the Tax Commissioner in a manner and at times the film office and the Tax Commissioner shall agree upon.(b) Upon completion of a qualified project:(1) An eligible company shall have filed all required West Virginia tax reports and returns and paid any balance of West Virginia tax due on those returns;(2) All claims for the tax credit shall be filed with an expense verification report prepared by an independent certified public accountant, utilizing "agreed upon procedures" which are prescribed by the film office in accordance with generally accepted auditing standards in the United States. The certified public accountant will render a report as to the qualification of the credits, consistent with guidelines to be determined by the film office and approved by the Tax Commissioner; and(3) An eligible company claiming an extra allowance for employing local workers shall submit to the film office documentation verifying West Virginia residency for all individuals claimed to qualify for the extra allowance. The documentation shall include the name, home address and telephone number for all individuals used to qualify for the extra allowance.(c) If the requirements of this section have been complied with, the film office shall approve the film tax credit and issue a document granting the appropriate tax credit to the eligible company and shall report this information to the Tax Commissioner.
WV Code § 11-13X-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-7. Application of Credit to State Taxes

(a) Credit allowed. -– Beginning in the taxable year that the expenditures permitted under section four of this article are incurred, eligible companies and owners of eligible companies, as described in subsection (d) of this section, are permitted a credit, as described in section five of this article, against the taxes imposed by articles twenty-three, twenty-four and twenty-one of this chapter, in that order, as specified in this section.(b) Business franchise tax. -– The credit is first applied to reduce the taxes imposed by article twenty-three of this chapter for the taxable year, determined after application of the credits against tax provided in section seventeen of said article, but before application of any other allowable credits against tax.(c) Corporation net income taxes. -– After application of subsection (b) of this section, any unused credit is next applied to reduce the taxes imposed by article twenty-four of this chapter for the taxable year, determined before application of allowable credits against tax.(d) Personal income tax. -– (1) If the eligible taxpayer is an electing small business corporation (as defined in Section 1361 of the United States Internal Revenue Code of 1986, as amended), a partnership, a limited liability company that is treated as a partnership for federal income tax purposes or a sole proprietorship, then any unused credit, after application of subsections (b) and (c) of this subsection, is allowed as a credit against the taxes imposed by article twenty-one of this chapter on the income from business or other activity subject to tax under article twenty-three of this chapter or on income of a sole proprietor attributable to the business.(2) Electing small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate the credit allowed by this article among its members in the same manner as profits and losses are allocated for the taxable year.
WV Code § 11-13X-9 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-9. Legislative Rules

(a) The Tax Commissioner shall propose for promulgation rules pursuant to article three, chapter twenty-nine-a of this code as may be necessary to carry out the purposes of this article.(b) The Secretary of the West Virginia Department of Commerce may propose for promulgation rules pursuant to article three, chapter twenty-nine-a of this code as may be necessary to carry out the purposes of this article.
WV Code § 11-13X-10 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-10. Burden of Proof

The burden of proof is on the eligible company claiming the credit allowed by this article to establish by clear and convincing evidence that the eligible company or credit transferee is entitled to the amount of credit asserted for the taxable year.
WV Code § 11-13X-11 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-11. Tax Credit Review and Accountability

(a) Beginning on the first day of the third taxable year after the passage of this article and every two years thereafter, the film office 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 film industry investment act during the most recent two-year period for which information is available. The criteria to be evaluated shall include, but not limited to, for each year of the two-year period:(1) The number of eligible companies claiming the credit;(2) The dollar amount of tax credit certificates issued to taxpayers;(3) The number of new businesses created by the tax credit;(4) The number of new jobs, if any, created by the tax credit;(5) The amount of direct expenditures made on qualified projects; and(6) The cost of the credit.(b) Eligible companies claiming the credit shall provide any information the Tax Commissioner and the film office may require to prepare the report: Provided, That the information provided is subject to the confidentiality and disclosure provisions of section five-d and five-s, article ten of this chapter. However, notwithstanding the provisions of section five-d and five-s, article ten of this chapter, the Tax Department is hereby authorized to disclose to the film office and to the Development Office such tax information as may be necessary to compile the report required by this section and the report required by section twelve of this article.
WV Code § 11-13X-12 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-12. Economic Development

The West Virginia Development Office, in consultation and coordination with the appropriate public and private entities, shall promote, foster, encourage and monitor the development of the film industry in this state as part of its comprehensive economic development strategy for West Virginia and report recommendations for expanding the industry in the state to the Governor and the Joint Committee on Government and Finance annually on or before December 1, .
WV Code § 11-13X-13 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13X. West Virginia Film Industry Investment Act|§11-13X-13. Effective Date, Elimination of Film Tax Credits, Preservation of Film Tax Credits Earned Prior to the Sunset Date; Cessation of the West Virginia Film Office

(a) The credit allowed by this article shall be allowed upon eligible expenditures occurring after December 31, 2007.(b) The amendments to this article enacted in the year 2009 shall apply to all taxable years beginning after December 31, 2007, and shall apply with retroactive effect with relation to taxable years beginning prior to the date of passage of such amendments.(c) No tax credits authorized under this article shall be issued following the effective date of legislation establishing this subsection, §11-13X-13(d), and §11-13X-13(e) of this code in the year 2018. Notwithstanding any provision of this article to the contrary, no entitlement to any tax credit under this article may result from, and no credit is available to any person for, expenditures incurred following the effective date of this subsection.(d) Notwithstanding the provisions of §11-13X-13(c) of this code, film tax credits to which a taxpayer has gained lawful entitlement prior to the effective date of this subsection, may continue to be applied against tax liabilities, subject to the conditions, limitations, and constraints applicable to such credit under this article, until exhausted or otherwise terminated in accordance with the terms of this article and this code. Film tax credits to which a taxpayer has gained lawful entitlement prior to the effective date of this subsection may be transferred in accordance with §11-13X-8 of this code, subject to the conditions, limitations, and constraints applicable to such credit under this article, until exhausted or otherwise terminated in accordance with the terms of this article and this code.(e) Effective July 1, 2018, all operations of the West Virginia Film Office shall cease. To the extent necessary to settle, finalize, and conclude business relating to outstanding film tax credits issued prior to the effective date of the bill, the Division of Tourism is hereby authorized to administer such duties for that limited purpose.
WV Code § 11-13Y-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-1. Short Title

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

There shall be allowed to every eligible taxpayer a credit against the taxes imposed under articles twenty-three and twenty-four of this chapter, as determined under this article.
WV Code § 11-13Y-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-4. Amount of Credit Allowed

(a) Credit allowed. -- Eligible taxpayers shall be allowed a credit against the tax imposed under article twenty-three or twenty-four of this chapter, 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 manufacturing inventory of the eligible taxpayer during the corporate net income tax year and business franchise tax year.
WV Code § 11-13Y-5 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-5. Application of Annual Credit Allowance

(a) Application of credit against business franchise tax. -- The amount of credit allowed shall first be taken against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-three of this chapter.(b) Application of credit against corporate net income tax. --Any credit remaining after application of the credit against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-three of this chapter shall next be taken against the tax liabilities of the eligible taxpayer for the current taxable year imposed by article twenty-four of this chapter.(c) Carryover credit disallowed. -- Any credit remaining after application of the credit against the tax liabilities specified in subsections (a) and (b) of this section for the current taxable year is forfeited and shall not carry back to any prior taxable year and shall not carry forward to any subsequent taxable year. 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 article twenty-three of this chapter and after application of all other applicable tax credits allowed for the taxable year against the taxes imposed by article twenty-four of this chapter.(d) Annual schedule. -- For purposes of asserting the credit against tax, the taxpayer shall 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 § 11-13Y-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-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, which continues to operate the manufacturing business in this state, and which remains subject to the taxes prescribed under article twenty-three or twenty-four of this chapter, or both, 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 based and the number of days during the taxable year that each taxpayer owned the business assets transferred.(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 shall be 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 shall 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.
WV Code § 11-13Y-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-7. Credit Recapture; Interest; Penalties; Additions to Tax; Statute of Limitations

(a) If it appears upon audit or otherwise that any person or entity has taken the credit against tax allowed under this article and was not entitled to take the credit, then the credit improperly taken under this article shall be recaptured. Amended returns shall be filed for any tax year for which the credit was improperly 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 such other penalties and additions to tax as may be applicable pursuant to the provisions of article ten of this chapter.(b) Notwithstanding the provisions of article ten of this chapter, penalties and additions to tax imposed under article ten of this chapter may be waived at the discretion of the Tax Commissioner: Provided, That interest is not subject to waiver.(c) 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 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 the credit allowed under this article, whichever is later.
WV Code § 11-13Y-8 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-8. Report on Credit

(a) The Tax Commissioner shall provide to the Joint Committee on Government and Finance by July 1, 2011, and on July 1, of each year thereafter, a report detailing the amount of credit claimed pursuant to this article. The report is to include the amount of credit claimed against the business franchise tax and the amount of credit claimed against the corporate net income tax.(b) Taxpayers claiming the credit shall provide the information as the Tax Commissioner may require to prepare the report: Provided, That the information is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter.
WV Code § 11-13Y-9 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Y. The West Virginia Manufacturing Property Tax Adjustment Act|§11-13Y-9. Effective Date

This article shall be effective for corporate net income tax years and business franchise tax years beginning on or after January 1, 2009.
WV Code § 11-13Z-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Z. Residential Solar Energy Tax Credit|§11-13Z-1. Amount of Credit

Any taxpayer who installs or causes to be installed a solar energy system on property located in this state and owned by the taxpayer and used as a residence after July 1, 2009, shall be allowed a credit against the taxes imposed in article twenty-one of this chapter in an amount equal to thirty percent of the cost to purchase and install the system up to a maximum amount of $2,000.
WV Code § 11-13Z-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Z. Residential Solar Energy Tax Credit|§11-13Z-2. Restrictions

In order to receive the credit for a solar energy system on residential property, the system must use solar energy to:(1) Generate electricity;(2) Heat or cool a structure; or(3) Provide hot water for use in the structure or to provide solar process heat: Provided, That this does not include a swimming pool, hot tub or any other energy storage medium that has a function other than storage: Provided, however, That the system used to provide hot water must derive at least fifty percent of its energy to heat or cool from the sun.
WV Code § 11-13Z-3 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13Z. Residential Solar Energy Tax Credit|§11-13Z-3. Carryover Credit Allowed; Tax Commissioner to Promulgate Rules

If the amount of the credit exceeds the taxpayer's liability for the taxable year, the amount which exceeds the tax liability may be carried over and applied as a credit against the tax liability of the taxpayer pursuant to the provisions of article twenty-one of this chapter to each of the next taxable years unless sooner used.The State Tax Commissioner shall promulgate legislative rules pursuant to the provisions of 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 allowed by this article. No taxpayer shall take a credit pursuant to this article for a solar energy system installed after July 1, 2013.
WV Code § 11-13AA-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-1. Short Title

This article may be cited as the "West Virginia Commercial Patent Incentives Tax Act."
WV Code § 11-13AA-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-2. Legislative Findings and Purpose

The Legislature finds that encouraging the development and use of commercial intellectual properties in this state is in the public interest and promotes the general welfare of the people of this state. In order to encourage greater development and use in this state of commercial intellectual properties by West Virginia businesses and thereby increase economic opportunity in this state, there are hereby enacted tax incentives for developing and using patents in this state.