reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act › §11-13HH-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 11-10-17 of this code and such other penalties and additions to tax as may be applicable pursuant to the provisions of 11-10-1 et seq. of this code.
(b) Notwithstanding the provisions of 11-10-1
et seq.
of this code to the contrary, penalties and additions to tax imposed under that article may be waived at the discretion of the Tax Commissioner:
Provided,
That interest is not subject to waiver.
(c) Notwithstanding the provisions of 11-10-1 et seq. of this code to the contrary, the statute of limitations for the issuance of an assessment of tax by the Tax Commissioner is 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act › §11-13HH-8. Report on Credit

(a) The Tax Commissioner shall provide to the Joint Committee on Government and Finance by July 1, 2022, 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 personal income 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 11-10-5d and 11-10-5s of this code.
2023 West Virginia Code › Chapter 11. Taxation › Article 13HH. The West Virginia Natural Gas Liquids Property Tax Adjustment Act › §11-13HH-9. Effective Date and Expiration Date

(a) This article shall be effective for corporate net income tax years and personal income tax years beginning on or after July 1, 2020.
(b) This article shall expire and have no further force or effect for all tax years which begin on or after July 1, 2030, and all accrued but unused credits shall be forfeited upon expiration of this article.
2023 West Virginia Code › Chapter 11. Taxation › Article 13JJ. West Virginia Volunteer Firefighter Tax Credit Act › §11-13JJ-2. Definitions

As used in this article:
"Active member" means an individual that performs the function of fire prevention and suppression, or vehicle and machinery extrications, hazardous materials response and mitigation, technical rescue, emergency medical services, and any other duties that a specialized support member may provide when responding to emergency situations;
"Activities" means responses to emergencies, monthly or quarterly meetings, fund raising activities, and fire department management;
"Chief" means the highest-ranking fire line officer in charge of a volunteer fire department;
"Commission" means the West Virginia State Fire Commission;
"Volunteer fire department" means a volunteer fire department in this state, certified and regulated by the commission, and lawfully formed under 8-15-1
et seq.
of this code;
"Volunteer firefighter" means a West Virginia taxpayer who is an active member of a volunteer fire department.
2023 West Virginia Code › Chapter 11. Taxation › Article 13JJ. West Virginia Volunteer Firefighter Tax Credit Act › §11-13JJ-3. Amount of Credit; Limitation of Credit

(a) There is allowed to eligible volunteer firefighters in this state a nonrefundable credit against taxes imposed by 11-21-1
et seq.
of this code in the amount set forth in subsection (b) of this section.
(b) The amount of the credit is $1,000 during a taxable year or the total amount of tax imposed by 11-21-1
et seq.
of this code in the year of active membership, whichever is less. If both taxpayers filing a joint tax return are eligible for the credit authorized by this article, the amount of the credit is $2,000, or $1,000 for each eligible taxpayer, during a taxable year or the total amount of tax imposed by 11-21-1
et seq.
of this code in the year of active membership, whichever is less.
(c) If the amount of the credit authorized by this article is unused in any tax year, it may not be applied to any other tax year.
2023 West Virginia Code › Chapter 11. Taxation › Article 13JJ. West Virginia Volunteer Firefighter Tax Credit Act › §11-13JJ-4. Qualification for Credit

(a) To be an eligible volunteer firefighter under 11-13JJ-3 of this code, he or she shall obtain certification from the chief of the volunteer fire department to demonstrate the following:
(1) The volunteer firefighter has been an active member in good standing of the volunteer fire department for the entire year; or
(2) Has been an active member in good standing of the volunteer fire department and another volunteer fire department of this state for the entire year; and
(3) Has participated as an active member as defined in 11-13JJ-3 of this code on-site at least 30 percent of the volunteer fire department activities during the year; and
(4) Has met or exceeded all certification and training for active member firefighters required under the laws of this state.
(b) The certification from the chief of the volunteer firefighter department shall demonstrate, at a minimum:
(1) The rank or position of the volunteer firefighter;
(2) The years of service for the volunteer firefighter;
(3) The number of emergency situations the volunteer firefighter responded in the year of active membership; and
(4) The number of meetings or training attended by the volunteer firefighter in the year of active membership.
(c) To claim the tax credit, a volunteer firefighter shall submit the certification from the chief of the volunteer fire department to the Tax Commissioner.
2023 West Virginia Code › Chapter 11. Taxation › Article 13JJ. West Virginia Volunteer Firefighter Tax Credit Act › §11-13JJ-5. Legislative Rules

(a) The Tax Commissioner may propose rules for legislative approval in accordance with the provision of 29A-3-1
et seq.
of this code as may be necessary to carry out the purposes of this article.
(b) The commission may 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13JJ. West Virginia Volunteer Firefighter Tax Credit Act › §11-13JJ-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 commission 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-1. Legislative Finding and Purpose

The Legislature finds that the encouragement of small arms and ammunition manufacturing in this state is in the public interest and promotes the general welfare of the people of this state. In order to encourage capital investment in the manufacturing of small arms and ammunition in this state and thereby increase economic opportunity for its citizens there is hereby enacted the tax credit for the benefit of small arms and ammunition manufacturing.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-3. 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 small arms and ammunition manufacturing facility in this state:
Provided
, That such qualified investment is equal to or greater than $2 million. The amount of this credit is determined and applied as provided in this article.
(b)
Amount of credit
. The amount of credit allowable is 100 percent of amount of federal excise tax paid in a tax year under section 4181, Title 26 of the Internal Revenue Code, which are attributable to and the consequence of the taxpayers qualified investment. 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 shall be taken over a 10-year period, 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 11-13KK-4 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-6. Forfeiture of Unused Tax Credits; Redetermination of Credit Allowed

(a)
Disposition of property or cessation of use
. If during any taxable year, property with respect to which a tax credit has been allowed under 11-13KK-1
et seq
. of this code is disposed of or ceases to be used in a small arms and ammunition manufacturing facility of the taxpayer in this state, then the unused portion of the credit allowed for the property is forfeited for the taxable year and all ensuing years, except when the property is damaged or destroyed by fire, flood, storm, or other casualty, or is stolen.
(b)
Cessation of operation of small arms and ammunition manufacturing facility
. If during any taxable year the taxpayer ceases operation of a small arms and ammunition manufacturing facility in this state for which credit was allowed under this article, then the unused portion of the allowed credit is forfeited for the taxable year and for all ensuing years, except when the cessation is due to fire, flood, storm, or other casualty.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-7. Transfer of Qualified Investment to Successors

(a)
Mere change in form of business
. Property may not be treated as disposed of under 11-13KK-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 small arms and ammunition 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.
(b)
Transfer or sale to successor
. Property is not treated as disposed of under 11-13KK-10 of this code by reason of any transfer or sale to a successor business which continues to operate the small arms and ammunition 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-8. Identification of Investment Credit Property

Every taxpayer who claims credit under 11-13KK-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;
(6) The date it was disposed of or otherwise ceased to be used as qualified property in the small arms and ammunition manufacturing facility of the taxpayer; and
(7) Amounts and dates of federal excise tax paid.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-9. 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-10. 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 11-13KK-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 11-13KK-1
et seq
. of this code shall be reasonably construed in order to effectuate the legislative intent recited in 11-13KK-1 of this code.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-11. 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 11-13KK-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 11-13KK-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 11-13KK-1
et seq
. of this code. This penalty applies annually until the application is filed.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-12. Tax Credit Review and Accountability

(a) Beginning on February 1, 2026, and every fifth 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 five-year period for which information is available. The criteria to be evaluated shall include, but not be limited to, for each year of the five-year period:
(1) The numbers of taxpayers claiming the credit;
(2) The moneys invested, and 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, 2026, 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 11-13KK-1
et seq
. of this code upon; (1) Economic development in this state, including, but not limited to, the moneys invested and jobs created 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-13. 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 11-13KK-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, 2022. All rules shall be promulgated in accordance with 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-14. General Procedure and Administration

Each 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 11-13KK-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 11-13KK-1
et seq
. of this code and were set forth in extenso in this article.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-15. Crimes and Penalties

Each 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 11-13KK-1
et seq
. of this code with like effect as if that act were applicable only to the tax credit 11-13KK-1
et seq
. of this code and were set forth in extenso in this article.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-16. Severability

(a) If any provision of 11-13KK-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 11-13KK-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 11-13KK-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 11-13KK-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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13KK. West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › §11-13KK-17. Effective Date

The credit allowed by this article is allowable for qualified investment property placed in service or use on or after July 1, 2021, subject to the rules contained in 11-13KK-1
et seq
. of this code and rules promulgated by the Tax Commissioner pursuant to 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-6. Forfeiture of Unused Tax Credits; Redetermination of Credit Allowed

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:
(a) Is disposed of prior to the end of its useful life, as determined under 11-13LL-5 of this code; or
(b) Ceases to be used in an industrial facility of the taxpayer in this state prior to the end of its useful life, as determined under 11-13LL-5 of this code, then the unused portion of the credit allowed for such property is forfeited for the taxable year and all ensuing years. Except when the property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, the taxpayer shall redetermine the amount of credit allowed in all earlier years by reducing the applicable percentage of cost of the property allowed under 11-13LL-5 of this code, to correspond with the percentage of cost allowable for the period of time that the property was actually used in manufacturing activity as part of an industrial facility of the taxpayer. The taxpayer must then file a reconciliation statement with its annual return filed under 11-24-1
et seq
. or 11-21-1
et seq
. of this code, for the year in which the forfeiture occurs and pay any additional taxes owed due to reduction of the amount of credit allowable for the earlier years, plus interest and any applicable penalties.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-7. Transfer of Property Purchased for Manufacturing Investment to Successors

(a)
Mere change in form of business
. Property may not be treated as disposed of under section six of this article, by reason of a mere change in the form of conducting the business as long as the property is retained in a business in this state for use in the activity of manufacturing in an industrial facility 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 property or industrial facility transferred, and the taxpayer (transferor) may not be required to redetermine the amount of credit allowed in earlier years.
(b)
Transfer or sale to successor
. Property will not be treated as disposed of under 11-13LL-6 of this code by reason of any transfer or sale to a successor business which continues to use the property in manufacturing in an industrial facility in West Virginia. 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 taxpayer (transferor) shall not be required to redetermine the amount of credit allowed in earlier 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 transferors taxable year bears to the total number of days in the taxable year.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-8. Identification of Investment Credit Property

(a) Every taxpayer who claims credit under this article shall maintain sufficient records to establish the following facts for each item of property purchased for manufacturing investment:
(1) Its identity;
(2) Its actual or reasonably determined cost;
(3) Its 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 property purchased for manufacturing investment.
(b) Every taxpayer who claims 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-9. Failure to Keep Records of Property Purchased for Manufacturing Investment

A taxpayer who does not keep the records required for property purchased for manufacturing investment, is subject to the following rules:
(a) A taxpayer is treated as having disposed of, during the taxable year, any property purchased for manufacturing investment which the taxpayer cannot establish was still on hand and used in manufacturing activity in this state at the end of that year; and
(b) If a taxpayer cannot establish when property purchased for manufacturing investment 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 manufacturing activity 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.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-10. Rule-Making

(a) In order to effectuate the purposes of this article, the Tax Commissioner may promulgate procedural rules, interpretive rules and legislative rules, including emergency rules, or any combination thereof, in accordance with 29A-3-1
et seq
. of this code.
(b) In order to effectuate the purposes of this article, the Department of Economic Development or any agency, division or subdivision thereof, may promulgate procedural rules, interpretive rules and legislative rules, including emergency rules, or any combination thereof, in accordance with 29A-3-1
et seq
. of this code.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-11. Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act

The provisions of this article are subject to the West Virginia Tax Procedure and Administration Act, set forth in 11-10-1
et seq
. of this code, and the West Virginia Tax Crimes and Penalties Act, set forth in 11-9-1
et seq
. of this code, as if the provisions thereof were set forth in extenso in this article.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-13. Consumers Sales and Service Tax and Use Tax Exemption for Certificate Holders and for Construction Contractors

(a) Notwithstanding the provisions of 11-15-1
et seq
. and 11-15A-1
et seq
. of this code and notwithstanding the provisions of 11-15-8d of this code, or any other provision of this code, purchases of building materials, tangible personal property, and services by a construction contractor or construction subcontractor or by an eligible certificate holder, used in the construction of a qualified labor intensive heavy industrial manufacturing project facility and any property, structure or facility located on and within the property boundaries of a qualified labor intensive heavy industrial manufacturing project facility, certified pursuant to the provisions of this article, or outside the property boundaries of a qualified labor intensive heavy industrial manufacturing project facility but owned 50 percent or more by such eligible certificate holder, are exempt from the taxes imposed by 11-15-1
et seq
. and 11-15A-1
et seq
. of this code. The exemption authorized under this section applies to purchases of building materials, and tangible personal property incorporated into certified project buildings and structures during construction, and to purchases of services used in construction of certified project buildings and structures. The exemption authorized under this section also applies to those structures and facilities located outside the qualified labor intensive heavy industrial manufacturing project property that are not used in manufacturing, and which may be ancillary, incidental, convenient or remote to the manufacturing activity.
(b) Purchases of services, materials and tangible personal property for repairs, maintenance and refurbishment of project property enumerated in subsection (a) are exempt from the taxes imposed by 11-15-1
et seq
. and 11-15A-1
et seq
. of this code.
(c) The exemptions authorized under this section also apply to exempt purchases enumerated herein from the municipal consumers sales and service tax and use tax.
(d) Purchases of gasoline and special fuel or any other fuel or means of power for a motor vehicle or any other machine, apparatus or engine, are not exempt under the provisions of this section.
(e) Purchases subject to the consumers sales and service tax and use tax under the provisions of 11-15-3c of this code related to motor vehicle sales are not exempt under the provisions of this section.
(f) Purchases subject to a special district excise tax under 7-22-1
et seq
. or 8-38-1
et seq
. of this code are exempt under the provisions of this section.
2023 West Virginia Code › Chapter 11. Taxation › Article 13LL. Industrial Advancement Act › §11-13LL-14. Certain Taxes Prohibited

Notwithstanding any other provision of this code, municipalities may not impose any business and occupation tax, excise tax, sales or use tax, license tax, license fee, amusement tax, public utilities tax, consumption tax franchise tax, or any other municipal tax or municipal fee on persons who hold a current certification issued under this article. This exclusion does not apply to ad valorem property tax.