reglab/housing_qa huggingface dataset:
WV Code § 11-13AA-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-6. Transfer of Credit to Successors

(a) Mere change in form of business. -- A patent may not be treated as disposed of by reason of a mere change in the form of conducting the business as long as the patent is retained and directly used in a manufacturing process or product in this state and the person that developed the patent 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 patent transferred to a successor.(b) Transfer or sale to successor. -- A patent may not be treated as disposed of under this article by reason of any transfer or sale to a successor business which continues to directly use the patent in a manufacturing process or product in this state. Upon transfer or sale, the successor acquires the amount of credit or deduction that remains available under this article for each subsequent taxable year.
WV Code § 11-13AA-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-7. Identification of a Patent and Required Records

(a) Required records. -- Every developer of a patent in this state for direct use in a manufacturing process or product and every person who uses a patent directly in a manufacturing process or product in this state who claims a credit under this article shall maintain sufficient records to establish the following facts for each item of a patent for which a credit is allowed under this article:(1) Its identity;(2) The amount of net profit attributable to the patent;(3) The month and taxable year in which the patent was first used, placed in service or directly used in the person's manufacturing process or product in this state;(4) The amount of credit taken; and(5) The date the patent was disposed of or otherwise ceased to be directly used in the person's manufacturing process or product in this state.(b) Enhanced credit. -- Any person who claims the enhanced credit under section four or five of this article shall maintain sufficient records to clearly establish entitlement to claim the amount of the enhanced credit. At a minimum those records shall identify:(1) Each and every item of depreciable property purchased for purposes of claiming the enhanced credit;(2) The date the depreciable property identified in subdivision (1) of this subsection was purchased, its cost and its estimated useful life determined using straight-line method of depreciation;(3) The date the depreciable property identified in subdivision (1) of this subsection was placed in service or used in the person's business activity in this state;(4) The date the depreciable property identified in subdivision (1) of this subsection was taken out of service or use in the person's business activity in this state and the reason why the property was taken out of service or use; and(5) Other information that the Tax Commissioner may reasonably require by rule promulgated as provided in section eleven of this article.(c) New jobs. -- Every person who claims a credit under this article shall also maintain sufficient records to establish the number and types of new jobs, if any created, the wages and benefits paid to employees filling the new jobs and the duration of each job.(d) Exception. -- This section does not apply to an owner of a pass-through entity that develops or uses a patent for which a credit is allowed under this article.
WV Code § 11-13AA-8 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-8. Failure to Keep Records of a Patent for Which Credit Allowed

A person who does not keep the records required for identification of a patent for which a credit would be allowable under this article is subject to the following rules:(1) A person is treated as having disposed of, during the taxable year, any patent for which a credit was allowed under this article which the taxpayer cannot establish is still being directly used in the person's manufacturing process or product in this state at the end of that year;(2) If a person cannot establish when a patent was placed in service in direct use in the person's manufacturing process or product in this state, no credit is allowed under this article.
WV Code § 11-13AA-9 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-9. Tax Credit Review and Accountability

(a) Beginning on February 1, 2013, and continuing annually on February 1, 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 the credits allowed under this article during the most recent year for which information is available. The criteria to be evaluated include, but are not limited to, for each year:(1) The number of taxpayers claiming the credit;(2) The net number, type and duration of new jobs created by all taxpayers claiming the credit and the wages and benefits paid;(3) The cost of the credit;(4) The cost of the credit per new job created; and(5) A comparison of employment trends for the industry and for taxpayers within the industry that claim the credit or deduction; and(b) Taxpayers claiming the credit shall provide information that the Tax Commissioner requires to prepare the report required by this section. The information is subject to the confidentiality and disclosure provisions of sections five-d and five-s, article ten of this chapter.
WV Code § 11-13AA-10 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-10. Promulgation of Rules

The Tax Commissioner shall adopt procedural and interpretive rules or propose legislative rules for legislative approval, as appropriate, in the manner prescribed in article three, chapter twenty-nine-a of this code, that the Tax Commissioner considers necessary to administer this article.
WV Code § 11-13AA-11 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-11. 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 this article; 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 this article shall be strictly construed in order to effectuate the legislative intent recited in section two of this article.
WV Code § 11-13AA-12 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-12. Effective Date

The provisions of this article retroactively become effective on January 1, 2011, and apply only to a patent developed in this state in tax years beginning on or after January 1, 2011, and to a patent purchased, leased or licensed for use on or after that date for direct use in the taxpayer's manufacturing process or product in this state.
WV Code § 11-13AA-13 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13AA. Commercial Patent Incentives Tax Act|§11-13AA-13. Termination of Credit

The Tax Commissioner may not allow any credit for a patent developed or purchased leased or licensed after December 31, 2016, unless this credit is sooner terminated or continued by the Legislature. Termination of the credit allowed by this article, as provided in this section, does not adversely affect the ability of a taxpayer to claim the benefit of any credit accruing under this article prior to January 1, 2016.
WV Code § 11-13BB-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-1. Short Title

This article may be cited as the "West Virginia Innovative Mine Safety Technology Tax Credit Act".
WV Code § 11-13BB-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-2. Legislative Findings and Purpose

The Legislature finds that the encouragement of new investment in innovative coal mine safety technology in this state is in the public interest and promotes the general welfare of the people of this state.
WV Code § 11-13BB-6 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-6. Qualified Investment

(a) General. -– The qualified investment is one hundred percent of the cost for eligible safety property pursuant to a qualified purchase, which is placed in service or use in this state by the eligible taxpayer during the tax year.(b) Placed in service or use.-- For purposes of the credit allowed by this article, property is considered placed in service or use in the earlier of the following taxable years:(1) The taxable year in which, under the taxpayer's depreciation practice, the period for federal income tax 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.(c) Cost. -– For purposes of this article, the cost for eligible safety property pursuant to a qualified purchase is determined under the following rules:(1) Trade-ins. –- Cost for eligible safety property will not include the value of property given in trade or exchange for eligible safety property pursuant to a qualified purchase;(2) Damaged, destroyed or stolen property. -– If eligible safety property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, then the cost for replacement of the eligible safety property, will not include any insurance proceeds received in compensation for the loss;(3) Rental property. -– The cost for eligible safety property acquired by lease for a term of at least five years or longer is one hundred percent of the rent reserved for the primary term of the lease, not to exceed ten years; and(4) Property purchased for multiple use. -– Any cost of acquisition of property that is not principally and directly used to minimize workplace injuries and fatalities in a coal mine does not qualify as qualified investment for purposes of this article.
WV Code § 11-13BB-7 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-7. Forfeiture of Unused Tax Credits

Disposition of property or cessation of use. -- If during any taxable year, property with respect to which a tax credit has been allowed under this article:(1) Is disposed of prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use; or(2) Ceases to be used in a coal mine of the eligible taxpayer in this state prior to the end of the fourth tax year subsequent to the end of the tax year in which the property was placed in service or use, then the unused portion of the credit allowed for such property is forfeited for the tax year in which the disposition or cessation of use occurred and all ensuing years.
WV Code § 11-13BB-8 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-8. Transfer of Certified Eligible Safety Property to Successors

(a) Mere change in form of business. -– Certified eligible safety property may not be treated as disposed of under section seven of this article, by reason of a mere change in the form of conducting the business as long as the certified eligible safety property is retained in a business in this state for use in a coal mine in West Virginia, and the taxpayer 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 certified eligible safety property transferred, and the taxpayer (transferor) may not be required to forfeit the credit for the years remaining at the time of transfer in the original five year credit period.(b) Transfer or sale to successor. -– Certified eligible safety property will not be treated as disposed of under section seven of this article by reason of any transfer or sale to a successor business which continues to use the certified eligible safety property in a coal mine in West Virginia. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article in the original five year credit period for each subsequent taxable year, and the transferor shall not be required to forfeit the credit for subsequent years. Upon transfer or sale, the successor shall acquire the amount of credit that remains available under this article for each taxable year subsequent to the taxable year of the transferor during which the transfer occurred and, for the year of transfer, an amount of annual credit for the year in the same proportion as the number of days remaining in the transferor's taxable year bears to the total number of days in the taxable year and the transferor shall not be required to redetermine the amount of credit allowed in earlier years.
WV Code § 11-13BB-9 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-9. Identification of Investment Credit Property

Every taxpayer who claims credit under this article shall maintain sufficient records to establish the following facts for each item of certified eligible safety 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 actively and directly used in a coal mine in this state.
WV Code § 11-13BB-10 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-10. Failure to Keep Records of Certified Eligible Safety Property

A taxpayer who does not keep the records required for certified eligible safety property and the credit authorized under this article, is subject to the following rules:(1) A taxpayer is treated as having disposed of, during the taxable year, any certified eligible safety property which the taxpayer cannot establish was still on hand and used in a coal mine in this state at the end of that year; and(2) If a taxpayer cannot establish when certified eligible safety 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 and used in a coal mine in this state at the end of that year. In that event, the taxpayer will be treated as having placed the returned property in service in the next most recent year.
WV Code § 11-13BB-11 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-11. Tax Credit Review and Accountability

(a) Beginning on August 1, 2012, and August 1 of every 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 of the credit allowed under this article during the most recent period for which information is available. The criteria to be evaluated includes, but is not limited to, for each year:(1) The numbers of taxpayers claiming the credit; and(2) The cost of the credit.(b) Taxpayers claiming the credit shall provide whatever information the Tax Commissioner requires 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. If, in any reporting period under this section, fewer than ten eligible taxpayers have taken or applied for the credit authorized under this article, then no report shall be filed for that reporting period under this section.
WV Code § 11-13BB-12 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-12. Disclosure of Tax Credits

Notwithstanding section five-d, article ten of this chapter or any other provision in this code to the contrary, the Tax Commissioner shall annually publish in the State Register the name and address of every eligible taxpayer and the amount of any tax credit asserted under this article.
WV Code § 11-13BB-13 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-13. Rules

The Tax Commissioner and the Office of Miners' Health, Safety and Training may each promulgate rules in accordance with article three, chapter twenty-nine-a of this code to carry out the policy and purposes of this article, to provide any necessary clarification of the provisions of this article and to efficiently provide for the general administration of this article.
WV Code § 11-13BB-14 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13BB. West Virginia Innovative Mine Safety Technology Tax Credit Act|§11-13BB-14. Termination

The tax credit authorized in this article shall terminate December 31, 2025.
WV Code § 11-13CC-1 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13CC. Energy Intensive Industrial Consumers Revitalization Tax Credit|§11-13CC-1. Short Title

This article may be cited as the "Energy Intensive Industrial Consumers Revitalization Tax Credit Act."
WV Code § 11-13CC-2 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13CC. Energy Intensive Industrial Consumers Revitalization Tax Credit|§11-13CC-2. Legislative Findings and Purpose

The Legislature finds that:(a) West Virginia enjoys a competitive economic advantage among the states attributable to relatively low-cost electric power due in considerable measure to an abundance of coal resources, production from which powers electric generation in the state.(b) As a consequence, a number of energy intensive industrial consumers of electric power have located in the state and have provided jobs for its citizens and an increased tax base that contributes to the support of schools, other institutions, and programs that benefit all West Virginians.(c) As the result of competitive disadvantages emanating from outside the state and the current state of the national economy, some energy intensive industrial consumers of electric power have had to cease doing business in the state or are experiencing or may experience strains that could threaten their viability and continued operation.(d) Conversely, coal production in the state is relatively stable and is benefitting from demand from coal purchasers inside the state, outside the state, and outside the country, which demand has increasingly benefitted the state in terms of its coal severance tax revenues.(e) It is in the public interest for the state to assist eligible energy intensive industrial consumers of electric power determined to be in need of special rate assistance pursuant to subsection (g), section one-j, article two, chapter twenty-four of this code, in order to encourage them to locate, to remain in operation, or to resume operation, in West Virginia on a long-term basis, by employing a portion of the coal severance tax revenues to reduce such industrial consumers' electric power costs without imposing an undue burden on electric utilities or their other customers.(f) In furtherance of its findings, the Legislature's purpose in this article is to create a credit, as provided in section three of this article, against the coal severance tax imposed and levied under the provisions of subsections (a) and (b), section three, article thirteen-a of this chapter, of which the primary ultimate economic beneficiary shall be eligible energy intensive industrial consumers of electric power determined to be in need of special rate assistance pursuant to subsection (g), section one-j, article two, chapter twenty-four of this code.
WV Code § 11-13CC-3a (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13CC. Energy Intensive Industrial Consumers Revitalization Tax Credit|§11-13CC-3a. Applicability to Minimum Severance Tax Credit

Every taxpayer which applies the tax credit allowed under section three of this article for a tax year shall also be entitled to apply the tax credit against the minimum coal severance tax imposed by article twelve-b of this chapter for the same tax year in an amount up to the amount of the tax credit applied for the tax year under the provisions of section three of this article.
WV Code § 11-13CC-4 (2021)
2021 West Virginia Code|Chapter 11. Taxation|Article 13CC. Energy Intensive Industrial Consumers Revitalization Tax Credit|§11-13CC-4. Required Payments to Public Utilities

(a) Each person claiming any tax credit pursuant to section three of this article shall, as a condition of receiving that tax credit, make payment equal to ninety-seven percent of the amount of that credit to the public utility providing electric power to the special rate customer whose special rate required the funding generated by that tax credit, as determined by the Public Service Commission pursuant to subsection (g), section one-j, article two, chapter twenty-four of this code. Any payment made to the public utility providing electric power to the special rate customer shall be treated in the same manner as the payment of taxes under section three, article thirteen-a of the chapter, and shall not be treated as an adjustment to the price of coal sold to the public utility.(b) Each taxpayer that elects to participate in this tax credit and required payment program shall notify the State Tax Department of its election to participate at the time and in such form of notification as prescribed by the State Tax Department. Notwithstanding the provisions of section five-d, article ten of this chapter or any other provision of this code, the State Tax Department shall provide updated notification to the Public Service Commission of the identity of taxpayers from which it has received notification of voluntary participation, and other information necessary for the efficient and accurate administration of this article. Notwithstanding any provision of this code to the contrary, the Public Service Commission shall disclose to the State Tax Department information necessary for the efficient and accurate administration of this article. This information may be provided to the electric utilities by the Public Service Commission for purpose of calculating, pursuant to subsection (g), section one-j, article two, chapter twenty-four of this code, the allocated share of tax credits that are available to each taxpayer, and payments that are required to be made to the public utility in order to qualify for the tax credit. Information disclosure to electric utilities by the Public Service Commission is limited to that information necessary for the calculations. Payment to the public utility shall be made no later than the time at which the tax against which the credit is taken would have been due and payable to the state under the provisions of section nine, article thirteen-a of this chapter.(c) The three percent differential between a taxpayer's tax credit and its required payment to the public utility is intended as an inducement to the taxpayer to participate in the tax credit and required payment mechanism provided in this article and may be retained by the taxpayer as compensation for the costs of participation.