reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13J - Tax Credit For Qualified Agricultural Equipment › Section 110-13J-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The terms in Subsections 2.1 through 2.12 of this Section are
				  defined in W. Va. Code '11-13K-2, and are
				  applicable to this rule as if set forth in this rule. The terms in Subsections
				  2.13 and 2.14 of this Section are defined in Subsections 3.1.1 and 3.1.2 of
				  Section 3 of this Rule.
2.1. Qualified
				agricultural equipment.
2.1.1
				Qualified agricultural equipment includes only the items listed in subsections
				2.2 through 2.12 of this section, which must be certified as set forth in
				subdivision 4.3.3 of this rule before this tax credit may be claimed.
2.2. Advance technology pesticide and
				fertilizer application equipment.
2.3. Conservation tillage
				equipment.
2.4. Dead poultry
				composting facility.
2.5. Mortality
				incinerator.
2.6. Nutrient
				management system.
2.7. Streambank
				and shoreline protection system.
2.8. Stream channel stabilization
				system.
2.9. Stream crossing or
				access plan.
2.10. Waste
				management system.
2.11. Waste
				storage facility.
2.12. Waste
				treatment lagoon.
2.13.
				Agricultural operations.
2.14.
				Commercial production.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13J - Tax Credit For Qualified Agricultural Equipment › Section 110-13J-3 - Description of the Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The purpose of this credit is to create an incentive for the agricultural
				industry in this State to protect the environment by purchasing and installing
				qualified agricultural equipment for use in agricultural operations in this
				State.
3.1.1. Agricultural operations include
				only the commercial production of food, fiber, or woodland products (but not
				timbering activity) by means of cultivation, tillage of the soil or by the
				conduct of animal, livestock, dairy, apiary, equine or poultry husbandry,
				aquacultural activity, horticultural activity, or any other plant or animal
				production activity and all farm practices related, usual or incidental to the
				operations.
3.1.2. Commercial
				production consists of annual sales by the producer of at least one thousand
				dollars ($1,000) of agricultural products, except that for the first twelve
				(12) months after (1) the occurrence of a catastrophe (such as fire, drought or
				flood), other than merely mechanical breakdowns, which substantially destroyed
				the agricultural product being produced or the means for harvesting that
				product or (2) the commercial producer of an agricultural product has first
				commenced the production activity, the requirement of annual sales of at least
				one thousand dollars ($1,000) of agricultural products need not be satisfied in
				order for the activity to be the commercial production of an agricultural
				product.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13J - Tax Credit For Qualified Agricultural Equipment › Section 110-13J-4 - General Procedure and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To claim this credit, a taxpayer must
				comply with the provisions of W. Va. Code '
				11-13K-1 et
				seq. and this rule, and must timely provide complete and accurate forms,
				schedules and other information required by the Tax Commissioner.
4.2. When applying for this credit, a
				taxpayer is also subject to the provisions of W. Va. Code ''11-21-1 et seq.
				(personal income tax) or 11-24-1 et seq. (corporation net income tax) and rules
				issued pursuant to those statutes, as well as to the provisions of W. Va. Code
				'11-10-1 et
				seq. (Procedure and Administration) which provide for administration of those
				taxes.
4.3. In order to use this
				credit, the taxpayer must submit with the appropriate tax return adequate proof
				of entitlement to the credit for each and every item for which credit is
				claimed. Adequate proof consists of:
4.3.1.
				Proof of purchase, which must be legible, complete and sufficiently specific to
				clearly identify the item as (1) one of the items listed in subsection 2.1 of
				this rule, and (2) purchased by the taxpayer;
4.3.2. Certification in a notarized statement
				by the taxpayer that the item meets the two requirements of subdivision 4.3.1
				of this section, and was purchased, and will be used exclusively, for the
				taxpayer's agricultural operations in West Virginia; and
4.3.3. Certification in writing by the
				Commissioner of Agriculture that each item purchased is in fact qualified
				agricultural equipment listed in subdivision 2.1.1 of section 2 of this rule,
				except that
4.3.3.1. Advanced technology
				pesticide and fertilizer application equipment must instead be certified in
				writing by the West Virginia Division of Environmental Protection,
				and
4.3.3.2. Mortality incinerators
				must instead be certified in writing by the Air Pollution Control
				Commission.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the procedures for applying for and claiming the
				West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and
				Ammunition Manufacturers, and sets forth the methodology the Tax Commissioner
				will use to administer the West Virginia Tax Credit for Federal Excise Tax
				Imposed Upon Small Arms and Ammunition Manufacturers.
1.2. Authority. -- W. Va. Code §
									11-10-5
				and W. Va. Code §
									11-13KK-13.
1.3. Filing Date. -- July 1, 2022.
1.4. Effective Date. -- July 1,
				2022.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-3 - The amount of credit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Credit allowed. -- Eligible taxpayers are allowed a credit against the portion
				of taxes imposed by this state that are attributable to and the consequence of
				the taxpayer's qualified investment in a new or expanded small arms and
				ammunition manufacturing facility in this state.
3.1.1. The qualified investment must be equal
				to or greater than $2 million.
3.1.2. The amount of this credit is
				determined and applied as provided in W. Va. Code §
										11-13KK-1,
et seq
., and this rule.
3.1.3. The amount of this credit claimed for
				any taxable year cannot exceed the amount of federal excise tax paid or payable
				to the government of the United States under section 4181 of Title 26 of the
				Internal Revenue Code, after application of any federal credits that may have
				been claimed.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-4 - Application of the credit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				general. -- The amount determined under W. Va. Code §
									11-13KK-3
				and this rule is allowed as a credit against 100 percent of that portion of the
				taxpayer's state tax liability that is attributable to and the direct result of
				the taxpayer's qualified investment and applied as provided in subsections 1
				and 2, both inclusive of this section, and in that order.
4.1.1. Corporation net income taxes. --
4.1.1.a. That portion of the allowable credit
				attributable to qualified investment in a small arms and ammunition
				manufacturing facility may be applied to reduce the taxes imposed by W. Va.
				Code §
											11-24-1,
et seq
., for the taxable year as determined before application
				of allowable credits against tax.
4.1.1.b. If the taxes due under W. Va. Code
				§
											11-24-1,
et seq
., as determined before application of allowable credits
				against tax, are not solely attributable to and the direct result of the
				taxpayer's qualified investment in a small arms and ammunition manufacturing
				business, the amount of the taxes that is attributable is determined by
				multiplying the amount of taxes due under W. Va. Code §
											11-24-1,
et seq
., for the taxable year, as determined before
				application of allowable credits against tax, by a fraction, the numerator of
				which is all wages, salaries, and other compensation paid during the taxable
				year to all employees of the taxpayer employed in this state whose positions
				are directly attributable to the qualified investment, and the denominator of
				which is the wages, salaries, and other compensation paid during the taxable
				year to all employees of the taxpayer employed in this state.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-5 - Qualified investment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				General. -- The qualified investment in property purchased or leased for a new,
				or expansion of an existing, small arms and ammunition manufacturing facility
				is the applicable percentage of the cost of each property purchased or leased
				for the purpose of the new, or expansion of an existing, small arms and
				ammunition manufacturing facility that is placed in service or use in this
				state by the taxpayer during the taxable year.
5.1.1. Applicable percentage. -- For the
				purposes of section 1 of this subject heading, the applicable percentage of any
				property is determined pursuant to the following table:
5.1.1.a. Table.
If useful life is:
The applicable percentage is:
Less than four years
0%
Four years or more but less than six
							 years
33 1/3%
Six years or more but less than eight
							 years
66 2/3%
Eight years or more
100%
5.1.1.b. The useful life of any property, for
				purposes of this section heading, is determined as of the date the property is
				first placed in service or use in this state by the taxpayer, determined in
				accordance with the provisions of W. Va. Code §
											11-13KK-4
				and this rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-6 - Forfeiture of unused tax credits; redetermination of credit allowed

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Disposition of
				property or cessation of use. -- If, during any taxable year, property with
				respect to which a tax credit has been allowed under W. Va. Code §
									11-13KK-1,
et seq
., and this rule 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.
6.2. 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 W. Va.
				Code §
									11-13KK-1,
et seq.
, 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.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-7 - Transfer of qualified investment to successors

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Mere change in form of business. --
				Property will not be treated as disposed of under W. Va. Code §
									11-13KK-8
				or this rule, by reason of a mere change in the form of conducting the
				business, as long as the property is retained in the successor's small arms and
				ammunition manufacturing facility in this state, and the transferor business
				retains a controlling interest in the successor business. The successor
				business may claim the amount of credit still available with respect to the
				business facility or facilities transferred.
7.2. Transfer or sale to successor. --
				Property is not treated as disposed of under W. Va. Code §
									11-13KK-8
				or this rule by reason of any transfer or sale to a successor business that
				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.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-8 - Identification of investment credit property

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Every taxpayer who claims credit under
				W. Va. Code §
									11-13KK-1,
et seq
., and this rule shall maintain sufficient records to
				establish the following facts for each item of qualified property:
8.1.1. The identity of the qualified
				property;
8.1.2. The actual or
				reasonably determined cost of the qualified property;
8.1.3. The straight-line depreciation life of
				the qualified property;
8.1.4. The
				month and taxable year in which the qualified property was placed in
				service;
8.1.5. The amount of
				credit taken with respect to the qualified property;
8.1.6. The date the qualified property was
				disposed of or otherwise ceased to be used as qualified property in the small
				arms and ammunition manufacturing facility of the taxpayer; and
8.1.7. The amounts and dates of federal
				excise tax paid.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-9 - Failure to keep records of investment credit property

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A taxpayer who does not keep the records
				required for identification of investment credit property is subject to the
				following rules:
9.1.1. A taxpayer is treated
				as having disposed of during the taxable year any investment credit property
				that the taxpayer cannot establish was still on hand, in this state, at the end
				of that year.
9.1.2. If a taxpayer
				cannot establish when investment credit property reported for purposes of
				claiming this credit 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.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-10 - Interpretation and construction

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. 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 rule; and no legal effect may be given to any descriptive
				matter or heading relating to any section, subsection, paragraph, part, or item
				of this rule.
10.2. The provisions
				of this rule shall be reasonably construed in order to effectuate the
				legislative intent recited in W. Va. Code §
									11-13KK-1.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-11 - Burden of proof; application required; failure to make timely application

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. 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 W.
				Va. Code §
									11-13KK-1,
et seq
., and this rule.
11.2. Application for credit required. --
11.2.1. Application required. -- No credit is
				allowed or may be applied under W. Va. Code §
										11-13KK-1,
et seq
., or this rule for any qualified investment property
				placed in service or use until the person asserting a claim for the allowance
				of credit under W. Va. Code §
										11-13KK-1,
et seq
., and this rule makes written application to the Tax
				Commissioner for allowance of credit as provided in this section heading.
11.2.1.a. 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 W. Va. Code §
											11-21-1,
et seq
., or § 11-24-1,
et seq
, for the
				taxable year in which the property to which the credit relates is placed in
				service or use. The form to apply for the credit is available online at
https://tax.wv.gov
.
11.2.1.b. All information required by the
				form shall be provided, or the application will be rejected.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-12 - Tax credit review and accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. 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 5 year period for which information is
				available. The criteria to be evaluated shall include, but not be limited to,
				for each year of the 5 year period:
12.1.1.
				The numbers of taxpayers claiming the credit;
12.1.2. The moneys invested, and net number
				of new jobs created, by all taxpayers claiming the credit;
12.1.3. The cost of the credit;
12.1.4. The cost of the credit per new job
				created; and
12.1.5. A comparison
				of employment trends for the industry and for taxpayers within the industry
				that claim the credit.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-13 - General procedure and administration

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each provision of the "West Virginia
				Tax Procedure and Administration Act" set forth in W. Va. Code §
									11-10-1,
et seq
., applies to the tax credit allowed under W. Va. Code
				§
									11-13KK-1,
et seq
., except as otherwise expressly provided in W. Va. Code
				§
									11-13KK-1,
et seq
., and this rule with like effect as if that act were
				applicable only to the tax credit allowed by W. Va. Code §
									11-13KK-1,
et seq
., and this rule and were set forth
in
				extenso
in W. Va. Code §
									11-13KK-1,
et seq
., and this rule.
13.2. The provisions of W. Va. Code §
									11-10-5EE shall
				not be interpreted in such a way as to prevent any otherwise eligible taxpayer
				from claiming both the credit set forth by W. Va. Code §
									11-13KK-1,
et seq
., and this rule, and any credit available against the
				federal excise tax paid to the government of the United States under section
				4181 of Title 26 of the Internal Revenue Code.
13.3. Although the $2 million qualified
				investment threshold measurement of this credit is similar to the measure of
				qualified investment used for the manufacturing investment and other tax
				credits, calculation and amount of the W. Va. Code §
									11-13KK-1,
et seq
., tax credit is not based on the amount of qualified
				investment. The W. Va. Code §
									11-13KK-1,
et seq
., tax credit is based on the dollar amount of annual
				federal excise tax paid. Therefore, the prohibition of W. Va. Code §
									11-10-5ee (SB
				532 (2021 Regular Legislative Session)) does preclude simultaneous application
				of the W. Va. Code §
									11-13S-1,
et seq
., manufacturing investment tax credit or W. Va. Code
				§
									11-13Q-1,
et seq
., economic opportunity tax credit, and the W. Va. Code
				§
									11-13KK-1,
et seq
., tax credit.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-14 - Crimes and penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
Each provision of the "West Virginia Tax Crimes and Penalties
				  Act" set forth in W. Va. Code §
									11-9-1,
et seq
., applies to the tax credit allowed by §
									11-13KK-1,
et seq
., and this rule with like effect as if that act were
				  applicable only to the tax credit set forth in W. Va. Code §
									11-13KK-1,
et seq
., and this rule and were set forth
in
				  extenso
in W. Va. Code §11-13KK-1,
et seq
., and
				  this rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-15 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If any
				provision of W. Va. Code §
									11-13KK-1,
et seq
. or this rule, 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 W. Va. Code
				§
									11-13KK-1,
et seq
. or this rule, 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.
15.2. If any provision of W. Va. Code §
									11-13KK-1,
et seq
. or this rule, or the application thereof, is made
				invalid or inapplicable by reason of the repeal or any other invalidation of
				any statute, section, or portion therein addressed or referred to, such
				invalidation or inapplicability may not affect, impair, or invalidate the
				remainder of W. Va. Code §
									11-13KK-1,
et seq
. or this rule, but shall be confined in its operation
				to the provision thereof directly involved with, pertaining to, addressing, or
				referring to the statute, section, or portion, and the application of the
				provision with regard to other statutes, sections, or portions or in other
				instances not affected by any such repealed or invalid statute, section, or
				portion may not be abrogated or diminished in any way.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers › Section 110-13KK-16 - Effective date

Current through Register Vol. XLI, No. 28, July 12, 2024
The credit allowed by W. Va. Code §
									11-13KK-1,
et seq
., and this rule is allowable for qualified investment
				  property placed in service or use on or after July 1, 2021.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule supplements W. Va. Code '11-13M-1 et
				seq., which requires the Tax Commissioner to prescribe a method for
				apportionment of the credit available between a predecessor and a successor
				taxpayer with different taxable years upon occurrence of a merger and
				authorizes the Tax Commissioner to prescribe any other rules necessary to claim
				the credit.
1.2. Authority. -- W.
				Va. Code ''11-13M-7, 8 and 10.
1.3.
				Filing Date. -- April 6, 1999.
1.4.
				Effective Date. -- May 1, 1999.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following terms defined in W. Va. Code '11-13M-2 are
				  explained, illustrated or clarified by the subsections immediately below
				  them:
2.1. "Affiliate" means and
				includes all persons, as defined in this section, which are affiliates of each
				other, when either directly or indirectly:
(A)
				One person controls or has the power to control the other, or
(B) A third party or third parties control or
				have the power to control two persons, the two thus being affiliates. In
				determining whether concerns are independently owned and operated and whether
				or not an affiliation exists, consideration shall be given to all appropriate
				factors, including common ownership, common management and contractual
				relationships.
2.1.1. The term
				"affiliate" includes a member of an affiliated group.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-3 - Overview of the Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				purpose of the credit is to encourage capital investment in the manufacturing
				of consumer-ready wood products in this State.
3.2. The credit is available to eligible
				taxpayers to claim against that portion of their Business Franchise Tax and
				Personal Income Tax or Corporation Net Income Tax for tax years beginning on or
				after July 1, 1997, which is directly attributable to a new consumer-ready wood
				product facility located in this State and to a new consumer-ready wood product
				production line at an existing manufacturing facility located in this State,
				which first begins operation after June 30, 1997.
3.3. The credit is scheduled to expire July
				1, 2002.
3.4. The total amount of
				credit allowable is two hundred fifty dollars ($250) for each new full-time job
				created in a new consumer-ready wood product manufacturing facility or in a new
				consumer-ready wood product line of an existing manufacturing facility.
3.4.1. The full $250 per new job is available
				only when the new job exists for the entire taxable year. Otherwise, the amount
				of credit allowed is prorated as provided by W. Va. Code '11-13M-4.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-4 - Application of the Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				This credit may be applied only after all other allowable credits are
				applied.
4.2. This credit must be
				applied against an eligible taxpayer's Business Franchise Tax liability before
				any remaining credit may be applied against that taxpayer's Personal Income Tax
				or Corporation Net Income Tax liability.
4.2.1. In no event may any remaining credit
				be applied against both Personal Income Tax liability and Corporation Net
				Income Tax liability.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-5 - Annual Computation of New Jobs Held by Full-Time Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Because all
				eligible taxpayers are to be treated equally and uniformly, the Tax
				Commissioner finds that all eligible taxpayers in the same business of
				manufacturing value-added products shall use the same method prescribed by W.
				Va. Code '11-13M-7
				for determining the number of jobs held by full-time employees in the taxable
				year. However, the number of new jobs filled during the taxable year by
				full-time employees of the eligible taxpayer shall be reflective of actual new
				jobs in this State, that is, that number may not exceed the net increase in
				this State of full-time jobs held by all employees in all types of business
				activities of the taxpayer.
5.2.
				Individuals holding new jobs may be replaced by other individuals, the job
				title applicable to those new jobs may be changed, and even the job functions
				may change without adversely affecting the determination of new jobs, as long
				as adequate documentation is maintained by the eligible taxpayer so that the
				validity of changes are traceable and verifiable.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-6 - Availability of Credit Between Eligible Predecessor and Successor Taxpayers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When an
				eligible taxpayer merges with another entity and the resulting entity becomes
				an eligible taxpayer, but the taxable year of the predecessor eligible taxpayer
				and the taxable year of the successor eligible taxpayer are different, the
				amount of credit available to the predecessor shall be the amount available if
				the tax years were not different. However, the amount of credit apportioned to
				the successor shall be limited to that portion of the predecessor's credit
				which remains, multiplied by a fraction the numerator of which is the number of
				days during the same tax year of the successor which coincide with the calendar
				days remaining in the tax year of the predecessor if it had not merged, and the
				denominator of which is the number of days remaining in the same tax year of
				the predecessor if it had not merged. If any of the predecessor's credit which
				remains cannot be used by the successor in the same tax year, it is forfeited
				and may not be carried over or carried back to any other tax year.
6.2. No recapture or loss of credit shall
				occur merely as a result of a change in the form of conducting the business as
				long as the successor entity is also an eligible taxpayer, and the successor is
				entitled to all of the credit for the tax year in which the change occurred.
6.2.1. A change in the form of conducting
				business is a change in the type of business entity, such as a change from a C
				corporation to an S corporation or a limited liability company, or from a sole
				proprietorship to a C or S corporation, limited liability company or
				partnership.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-7 - Credit Recapture for Improperly Claiming the Credit or for Excessive Jobs Loss

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If an
				eligible taxpayer permanently or indefinitely ceases operation of its new
				consumer-ready wood product line or manufacturing facility, the credit is
				subject to recapture because the number of individuals employed in full-time
				jobs by the employer will have decreased by more than ten percent (10%). W. Va.
				Code '11-13M-9.
7.2. When the eligible taxpayer is a
				partnership, limited liability company or S corporation, the recapture tax
				shall be paid by the partners, members or shareholders in the same proportion
				that they claimed the credit during the tax year in which recapture occurs, but
				any recapture tax liability not satisfied by one or more partners, members or
				shareholders becomes the joint and several liability of them all.
7.3. Penalties and additions to tax caused by
				a decrease of more than ten percent (10%) in the number of individuals employed
				in full-time positions may be waived by the Tax Commissioner, in whole or in
				part, at the discretion of the Tax Commissioner, only when the taxpayer
				demonstrates that the decrease is due to reasonable cause.
7.3.1. Reasonable cause includes loss of new
				jobs as a result of fire, flood, storm or other casualty; theft or
				embezzlement; an economic recession or depression which adversely decreases the
				demand for new consumer-ready wood products; or any other cause approved by the
				Tax Commissioner.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13M - Tax Credits For New Value-Added Wood Manufacturing Facilities › Section 110-13M-8 - General Procedure and Administration

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8.1. To claim this credit, a taxpayer shall
				comply with the provisions of W. Va. Code '11-13M-1 et
				seq. and this rule, and shall timely provide complete and accurate forms,
				schedules and other information required by the Tax Commissioner.
8.1.1. The taxpayer shall file required
				forms, schedules and information requested by the Tax Commissioner by the due
				date of the return for the taxes against which the credit is to be applied,
				with regard to any extension of time for filing but without regard to any
				extension of time for payment.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule supplements W. Va. Code ''11-13N-1 et seq., (Tax Credit for
				New Steel Manufacturing Operations) and 11-13O-1 et seq. (Tax Credit for New
				Aluminum or Polymer Manufacturing Operations) which require the Tax
				Commissioner to prescribe a method for apportionment of the credit available
				between a predecessor and a successor taxpayer with different taxable years
				upon occurrence of a merger and which authorize the Tax Commissioner to
				prescribe any other rules necessary to claim the credit.
1.2. Authority. -- W. Va. Code ''11-13N-7, 8
				and 10, and 11_13O-7, 8 and 10.
1.3. Filing Date. -- April 6, 1999.
1.4. Effective Date. -- May 1,
				1999.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-2 - Definitions

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The following terms defined in section two of W. Va. Code
				  ''11-13N and 13O are explained, illustrated or clarified by the subsections
				  immediately below them:
2.1.
				AAffiliate@ means and includes all persons, as defined in this section, which
				are affiliates of each other, when either directly or indirectly:
(A) One person controls or has the power to
				control the other, or
(B) A third
				party or third parties control or have the power to control two persons, the
				two thus being affiliates. In determining whether concerns are independently
				owned and operated and whether or not an affiliation exists, consideration
				shall be given to all appropriate factors, including common ownership, common
				management and contractual relationships.
2.1.1. The term "affiliate" includes a member
				of an affiliated group.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13M-3 - Overview of the Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				purpose of the credits is to encourage capital investment in the manufacturing
				of steel, aluminum or polymer value added products (Avalue added products@) in
				this State. This rule applies only to the manufacturing of those
				products.
3.2. The credits are
				available to eligible taxpayers to claim against that portion of their Business
				Franchise Tax and Personal Income Tax or Corporation Net Income Tax for tax
				years beginning on or after July 1, 1998, which is directly attributable to a
				new product manufacturing facility located in this State and to a new
				production line at an existing manufacturing facility located in this State,
				which first begins manufacturing value added products after June 30,
				1998.
3.3. The credit for steel
				manufacturing is scheduled to expire July 1, 2005. The credit for aluminum and
				polymer manufacturing is scheduled to expire July 1, 2002.
3.4. The total amount of credit allowable is
				two hundred fifty dollars ($250) for each new full-time job created in a
				product manufacturing facility or in a new product line of an existing
				manufacturing facility.
3.4.1. The full $250
				per new job is available only when the new job exists for an entire year.
				Otherwise, the amount of credit allowed is prorated as provided by W. Va. Code
				''11-13N-4 or 11-13O-4.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-4 - Application of the Credit

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4.1.
				This credit may be applied only after all other allowable credits are
				applied.
4.2. This credit shall be
				applied against an eligible taxpayer's Business Franchise Tax liability before
				any remaining credit may be applied against that taxpayer's Personal Income Tax
				or Corporation Net Income Tax liability.
4.2.1. In no event may any remaining credit
				be applied against both Personal Income Tax liability and Corporation Net
				Income Tax liability.
4.2.2. In no
				event may the credit applied exceed the eligible taxpayer's liability for
				Business Franchise Tax and Personal Income Tax or Corporation Net Income Tax
				for the tax year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-5 - Annual Computation of New Jobs Held by Full-Time Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Because all
				eligible taxpayers are to be treated equally and uniformly, the Tax
				Commissioner finds that all eligible taxpayers in the business of manufacturing
				value-added products shall use the same method prescribed by W. Va. Code
				'11-13N-7
				for determining the number of jobs held by full-time employees in the taxable
				year. However, the number of new jobs filled during the taxable year by
				full-time employees of the eligible taxpayer shall reflect actual new jobs in
				this State; that is, that number may not exceed the net increase in this State
				of full-time jobs held by all employees in all types of business activities of
				the taxpayer.
5.2. Individuals
				holding new jobs may be replaced by other individuals, the job title applicable
				to those new jobs may be changed, and even the job functions may change without
				adversely affecting the determination of new jobs, as long as adequate
				documentation is maintained by the eligible taxpayer so that the validity of
				changes are traceable and verifiable.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-6 - Availability of Credit Between Eligible Predecessor and Successor Taxpayers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. When an
				eligible taxpayer merges with another entity and the resulting entity remains
				an eligible taxpayer, but the taxable year of the predecessor eligible taxpayer
				and the taxable year of the successor eligible taxpayer are different, the
				amount of credit available to the predecessor is the amount available if the
				tax years were not different. However, the amount of credit apportioned to the
				successor is limited to that portion of the predecessor's credit which remains,
				multiplied by a fraction the numerator of which is the number of days during
				the same tax year of the successor which coincide with the calendar days
				remaining in the tax year of the predecessor if it had not merged, and the
				denominator of which is the number of days remaining in the same tax year of
				the predecessor if it had not merged. If any of the predecessor's credit which
				remains cannot be used by the successor in the same tax year, it is forfeited
				and may not be carried over or carried back to any other tax year.
6.2. No recapture or loss of credit shall
				occur merely as a result of a change in the form of conducting the business as
				long as the successor entity is also an eligible taxpayer, and the successor is
				entitled to all of the credit for the tax year in which the change occurred.
6.2.1. A change in the form of conducting
				business is a change in the type of business entity, such as a change from a C
				corporation to an S corporation or a limited liability company, or from a sole
				proprietorship to a C or S corporation, limited liability company or
				partnership.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13N - Tax Credits For New Steel, Aluminum And Polymer Manufacturing Operations › Section 110-13N-7 - Credit Recapture for Improperly Claiming the Credit or for Excessive Jobs Loss

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. If an
				eligible taxpayer permanently or indefinitely ceases operation of its new value
				added product line or manufacturing facility, the credit is subject to
				recapture because the number of individuals employed in full-time jobs by the
				employer will have decreased by more than ten percent (10%). W. Va. Code
				''11-13N-9 and 11-13O-9.
7.2. When
				the eligible taxpayer is a partnership, limited liability company or S
				corporation, the recapture tax shall be paid by the partners, members or
				shareholders in the same proportion that they claimed the credit during the tax
				year in which recapture occurs, but any recapture tax liability not satisfied
				by one or more partners, members or shareholders becomes the joint and several
				liability of them all.
7.3.
				Penalties and additions to tax caused by a decrease of more than ten percent
				(10%) in the number of individuals employed in full-time positions may be
				waived by the Tax Commissioner, in whole or in part, at the discretion of the
				Tax Commissioner, only when the taxpayer demonstrates that the decrease is due
				to reasonable cause.
7.3.1. Reasonable cause
				includes loss of new jobs as a result of fire, flood, storm or other casualty;
				theft or embezzlement; an economic recession or depression which adversely
				decreases the demand for new value added products; or any other cause approved
				by the Tax Commissioner.
7.3.2.
				Reasonable cause does not include loss of new jobs as a result of transferring
				jobs to another kind of manufacturing facility or another product line or to
				another location outside this State.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13P - Tax Credit For Medical Malpractice Insurance Premiums › Section 110-13P-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule explains and clarifies the application of the tax credit for medical
				malpractice insurance premiums authorized by W. Va. Code §§
									11-13P-1
				et seq. against the Health Care Provider Tax imposed by W. Va. Code
				§§
									11-27-1 et
				seq.
1.2. Authority. -- W. Va. Code
				§
									11-13P-8.
1.3. Filing Date. -- April 1, 2003.
1.4. Effective Date. -- May 1,
				2003.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13P - Tax Credit For Medical Malpractice Insurance Premiums › Section 110-13P-3 - Tax Credit Authorized

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. For
				taxable years beginning after December 31, 2001, each eligible taxpayer is
				authorized to annually take a Credit against the Health Care Provider Tax.
3.1.1. No eligible taxpayer may assert the
				Credit on any tax return due prior to July 1, 2002.
3.1.2. No Credit shall be allowed for any
				taxable year ending after December 31, 2004.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13P - Tax Credit For Medical Malpractice Insurance Premiums › Section 110-13P-4 - Excess Credit Forfeited

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If after application of the Credit
				against the Health Care Provider Tax any Credit remains for the taxable year,
				the amount remaining and not used is forfeited. Unused Credit may not be
				carried back to any prior taxable year and shall not carry forward to any
				subsequent taxable year.