West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-24 - Corporation Net Income Tax › Section 110-24-13e - Election To File A Group Return; Designation Of Surety

Current through Register Vol. XLI, No. 28, July 12, 2024
13e.1. General. -- Every taxpayer subject to
				the West Virginia corporation net income tax is required to file its own tax
				return, including taxpayers that are members of a combined reporting group.
				Taxpayers subject to the West Virginia corporation net income tax that are
				members of a combined reporting group are required to attach a combined report
				to their annual tax returns. Members of a combined reporting group may annually
				elect to designate one taxpayer member of the combined group to file a single
				return in the form and manner prescribed by the Tax Department, in lieu of
				filing their own respective returns, without changing the respective liability
				of the group members. The group member taxpayer designated to file the single
				return shall consent to act as surety with respect to the tax liability of all
				other taxpayers properly included in the combined report and shall agree to act
				as agent on behalf of those taxpayers for the year of the election for tax
				matters relating to the combined report for that year. All combined group
				members required to file in West Virginia shall be included in the group tax
				return filed pursuant to this section and W. Va. Code §
									11-24-13e.
13e.1.a. Combined report. -- "Combined
				report" refers to the schedules that are required to be filed by W. Va. Code
				§
										11-24-13a,
				which are attached to the West Virginia Form 120 of a taxpayer member of the
				combined reporting group, which reports the taxpayer member's income from
				sources within this State under the combined reporting method and other
				information required by law.
13e.1.b. Combined reporting group. --
				"Combined reporting group" refers to those corporations and entities with
				business income that are permitted or required to be included in a particular
				combined report under W. Va. Code §
										11-24-13a.
				A combined reporting group includes those partnerships and limited liability
				companies treated as partnerships for federal income tax purposes whose incomes
				are required to be included in a combined report.
13e.1.c. Group return. -- "Group return"
				means a single composite tax return filed under W. Va. Code §
										11-24-13e
				on behalf of members of a combined reporting group, and includes, but is not
				limited to annual returns and quarterly and other periodic returns,
				declarations of estimated tax and the forms for making installment payments of
				estimated tax. The group return reflects the aggregate total tax of the tax
				liabilities of all of the Taxpayer members, computed on the basis of the
				separate tax liability of each Taxpayer member.
13e.1.d. Key corporation or key member. --
				"Key corporation" or "key member" means the taxpayer member which files a group
				return described under this section on behalf of the taxpayer members of the
				combined reporting group as agent and surety for the taxpayer members of the
				combined reporting group pursuant to W. Va. Code §
										11-24-13e.
13e.1.e. Taxpayer member. -- "Taxpayer
				member" means a corporation or entity which is required to file a tax return
				under W. Va. Code §§
										11-24-1,
et seq
. in this State, and which is a member of a combined
				reporting group.
13e.1.f. The term
				"corporation" as used in this section means and includes any entity required to
				file a tax return under W. Va. Code §§
										11-24-1,
et seq.
, and any entity whose income, expenses, capital, or
				activities are required to be included on or as a part of a combined report
				under W. Va. Code §§
										11-23-1,
et seq.
or W. Va. Code §§
										11-24-1,
et seq
.