reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13DD - Farm-To-Food Bank Tax Credit › Section 110-13DD-3 - Tax Credit Authorized; Effective Date; Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. W. Va. Code §
									11-13DD-1,
et
				seq
., authorizes a tax credit for farming taxpayers making donations
				of edible agricultural products to nonprofit food programs on or after January
				1, 2018.
3.2. The farm-to-food bank
				tax credit can be applied against taxes imposed by W. Va. Code §
									11-21-1,
et seq
.
				and §
									11-24-1,
et
				seq
.
3.3. The farm-to-food
				bank tax credit cannot be used to offset any tax that is not named in
				subsection 3.2.
3.4. The taxes
				imposed by W. Va. Code §
									11-21-1,
et seq
.
				and §
									11-24-1,
et seq
.
				are administered in accordance with the provisions of W. Va. Code §
									11-10-1,
et seq
.,
				pursuant to W. Va. Code §
									11-10-3. Because the Office of Tax
				Appeals has jurisdiction to hear and determine appeals from decisions or orders
				of the Tax Commissioner denying refunds or credits for all taxes administered
				in accordance with the provisions of W. Va. Code §
									11-10-1,
et seq
.,
				the Office of Tax Appeals has jurisdiction to hear and determine appeals from
				decisions or orders of the Tax Commissioner denying credits with respect to the
				farm-to-food bank tax credit. The West Virginia Office of Tax Appeals lacks
				jurisdiction to hear appeals arising from actions of the Department of
				Agriculture.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13DD - Farm-To-Food Bank Tax Credit › Section 110-13DD-4 - Procedure for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				In addition to the definition set forth in W. Va. Code §
									11-13DD-2(3),
				"edible agricultural product" shall include the following:
4.1.a. Fruits and vegetables;
4.1.b. Meats, including fish;
4.1.c. Grains; and
4.1.d. Dairy products.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13DD - Farm-To-Food Bank Tax Credit › Section 110-13DD-5 - Application for and Amount of Tax Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. At the conclusion of the tax year during
				which the farming taxpayer has made eligible donations that have been certified
				by the Department of Agriculture, the farming taxpayer may apply to the Tax
				Commissioner to receive the farm-to-food bank tax credit.
5.1.a. The amount of the credit shall be
				based upon the certification provided by the Department of Agriculture,
				although the limitations set forth in W. Va. Code §
										11-13DD-3 shall apply.
5.1.b. The farming taxpayer shall make
				application for the farm-to-food bank tax credit on a form approved by the Tax
				Commissioner, which shall be filed at the same time as either the Personal
				Income Tax return or Corporate Net Income Tax return, depending upon which of
				these two taxes is the tax for which the credit is being requested.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13DD - Farm-To-Food Bank Tax Credit › Section 110-13DD-6 - Limitations on Tax Credit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Beginning in the year in which the farm-to-food bank tax credit is claimed, the
				following rules shall apply:
6.1.a. The
				farming taxpayer shall use the credit to offset its payment of or liability for
				either Personal Income Tax or Corporate Net Income Tax for the tax year during
				which the eligible, certified donation was made.
6.1.b. If any credit remains after
				application during the first year, the remaining credit may be carried over for
				each of the next four tax years unless it is sooner used.
6.1.c. The credit is not refundable, it may
				not be carried back to prior tax years and it may not be transferred.
6.1.d. Electing small business corporations,
				limited liability companies, partnerships and other unincorporated
				organizations shall allocate the credit allowed by W. Va. Code §
										11-13DD-1,
et
				seq
. among its members in the same manner as profits and losses are
				allocated in the taxable year.
6.1.e. If a small business corporation,
				limited liability company, partnership or other unincorporated organization
				claims the credit, the cap established by W. Va. Code §
										11-13DD-3 shall apply at the
				entity level, and each individual taxpayer claiming the credit must claim it in
				the manner described in subdivision 6.1.d.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13DD - Farm-To-Food Bank Tax Credit › Section 110-13DD-7 - General Procedure and Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Requirements to Claim the Tax Credit. To
				claim a tax credit, the farming taxpayer shall comply with the provisions of W.
				Va. Code §
									11-13DD-1,
et
				seq
. and this rule, and shall timely provide complete and accurate
				forms, returns, schedules and other information required or requested by the
				Agriculture Commissioner or Tax Commissioner.
7.2. Applicability of Other Laws. Application
				of this credit and eligibility for this credit shall not affect or abrogate
				application of the provisions of any portion of chapter eleven, or any other
				section, of the West Virginia Code.
7.3. Maintenance of Records. A farming
				taxpayer shall maintain the records required to verify the validity of its
				eligibility for the tax credit and the accuracy of the amount of tax credit
				claimed. The receipt form returned to the farming taxpayer by the Department of
				Agriculture shall be considered persuasive evidence of eligibility for this
				credit.
7.4. The farming taxpayer
				who claims the farm-to-food bank tax credit remains subject to audit by the Tax
				Commissioner or his or her designee.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the tax credit for donation of a motor vehicle to,
				or sale of a vehicle through a program administered by, a charitable
				organization that provides affordable and reliable transportation to low-income
				workers.
1.2. Authority. -- W. Va.
				Code §
									11-10-5
				and §
									11-13FF-5.
1.3. Filing Date. -- April 13, 2021.
1.4. Effective Date. -- April 13,
				2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2026.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-3 - Amount of Credit; limitation on aggregate credit amount

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Credit allowed -- There is a credit
				allowed against the tax imposed by §
									11-21-1,
et seq
., or §
									11-24-1, et
				seq., of the West Virginia Code for:
3.1.1. A
				taxpayer who donates a vehicle to a qualified charitable organization to
				provide reliable affordable transportation for a low-income worker to commute
				to his or her employment; or
3.1.2.
				A dealer in new or used motor vehicles who sells a vehicle at a reduced price
				to a low-income worker through a program administered by a qualified charitable
				organization.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-4 - Consumers Sales Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
The consumers sales tax on the donation or sale of a motor
				  vehicle under this rule shall be applied in accordance with the provisions of
				  91 C.S.R. 9, Collection of Sales Tax on the Sale of a
				  Vehicle.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-5 - Licensing of motor vehicle dealers

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A qualified charitable organization
				which accepts donations of vehicles for distribution to low-income workers is
				required to be licensed as a motor vehicle dealer under the provisions of W.
				Va. Code §
									17A-6-1,
et
				seq
.
5.2. A dealer in new
				or used motor vehicles claiming a credit under this rule must be licensed in
				accordance with the provisions of W. Va. Code §
									17A-6-1,
et
				seq
.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-6 - Aggregate amount of credits allowed

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The amount of tax credits which may be
				issued by the State Tax Division under this rule shall not exceed $300,000 in
				the aggregate for any fiscal year.
6.2. Credits shall be allocated in the order
				in which the donation forms are received by the State Tax Division. In the
				event that multiple applications for the credit are received on the same date,
				available funds will be allocated first to donations by individuals.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-8 - Participation in program

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. To
				participate in a program operated by a qualified charitable organization, a
				person must submit an application containing the following information:
8.1.1. The applicant's name;
8.1.2. The applicant's physical home
				address;
8.1.3. Verification of
				applicant's employment;
8.1.4.
				Verification that the applicant's aggregate household income is 200 percent or
				less of the federal poverty level;
8.1.5. Confirmation that the applicant holds
				a valid West Virginia driver's license;
8.1.6. Certification of the applicant's need
				for a vehicle for transportation to a place of employment.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-9 - Suitability of vehicles

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				suitability of a vehicle for use in the program shall be determined by the
				qualified charitable organization, based on the following criteria:
9.1.1. The vehicle must be in good, safe,
				reliable working condition, as determined by the qualified charitable
				organization or can be repaired to be so by the qualified charitable
				organization or its agents;
9.1.2.
				The vehicle must be determined by the qualified charitable organization to be
				affordable to the program participant.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-10 - Duties of the qualified charitable organization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The qualified charitable organization
				operating a program for distribution of vehicles under this rule shall assist
				program participants by:
10.1.1. Providing,
				for no consideration, or at a price below the fair market value and affordable
				to the program participant, a suitable vehicle from the qualified charitable
				organization's stock or inventory of donated vehicles; or
10.1.2. If the participant chooses to
				purchase a vehicle deemed suitable by the qualified charitable organization
				through a dealer, the qualified charitable organization shall:
10.1.2.a. Guide the program participant in
				locating a suitable vehicle for purchase within the statewide new or used car
				market;
10.1.2.b. Negotiate with
				and on behalf of the program participant as necessary to obtain a suitable
				vehicle at a price determined to be affordable to the program participant by
				the qualified charitable organization;
10.1.2.c. Negotiate with and on behalf of the
				program participant as necessary to obtain below-market financing from a
				cooperating financial institution for the purchase of a vehicle determined to
				be suitable for the program participant by the qualified charitable
				organization.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13FF - Tax Credit For Providing Vehicles To low-Income Workers › Section 110-13FF-11 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any qualified
				charitable organization, cooperating financial institution, or new or used car
				dealer who violates the provisions of this rule shall be barred from all future
				participation in any program authorized under the provisions of W. Va. Code
				§
									11-13FF-1,
et seq
., or this rule.
11.2. Any attempt to defraud the State of
				West Virginia by claiming a credit to which the taxpayer is not entitled under
				W. Va. Code §
									11-13FF-1,
et seq
., or this rule, by knowingly falsifying any information
				or certification required by this rule, may, at the Commissioner's discretion,
				be referred to the prosecuting attorney of any county of this State for
				investigation and possible criminal prosecution.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-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
				Downstream Natural Gas Manufacturing Investment Tax Credit of 2020, and sets
				forth the methodology the State Tax Commissioner will use to administer the
				Downstream Natural Gas Manufacturing Tax Credit of 2020.
1.2. Authority. -- W. Va. Code §
									11-10-5
				and W. VA. CODE §§
									11-13GG-5, 9,
				16.
1.3. Filing Date. -- April 13,
				2021.
1.4. Effective Date. -- April
				13, 2021.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2026.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-2 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General Rule.
				-- Unless a specific definition is provided in section
2.2 of this section heading, or the context
				in which the term is used clearly requires a different meaning, the terms used
				in this rule have the definitions provided under W. Va. Code §
										11-13GG-1,
et seq
.., §
										11-10-1,
et seq
.., §
										11-21-1,
et seq
.., and §
										11-24-1,
et seq.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-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 downstream natural gas
				manufacturing facility in this state, which results in the creation of new
				jobs. The amount of this credit is determined and applied as provided in W. Va.
				Code §
									11-13GG-1,
et seq
., and this rule.
3.2. Amount of credit. -- The amount of
				credit allowable is determined by multiplying the amount of the taxpayer's
				qualified investment, determined under W. Va. Code §
									11-13GG-6,
				in property purchased or leased for a new, or expansion of an existing
				"downstream natural gas manufacturing facility," as defined in W. Va. Code
				§
									11-13GG-3,
				by the taxpayer's new jobs percentage, determined under W. Va. Code §
									11-13GG-7. The
				product of this calculation establishes the maximum amount of credit allowable
				under W. Va. Code §
									11-13GG-1,
et seq
., due to the qualified investment.
3.3. Application of credit over 10 years. --
				The amount of credit allowable must be taken over a 10-year period, at the rate
				of one tenth of the amount thereof per taxable year, beginning with the taxable
				year in which the taxpayer places the qualified investment into 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 chapter 11 of the West
				Virginia Code 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 W.
				Va. Code §
									11-13GG-5.
3.3.1. 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:
3.3.1.a. The taxable year in which, under the
				taxpayer's depreciation practice, the period for depreciation with respect to
				the property begins; or
3.3.1.b.
				The taxable year in which the property is placed in a condition or state of
				readiness and availability for a specifically assigned function.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-4 - Application of the credit

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In
				general. -- The aggregate annual credit allowance for the current taxable year
				is an amount equal to the sum of the following:
4.1.1. The one-tenth part allowed under W.
				Va. Code §
										11-13GG-4
				for qualified investment property placed into service or use during a prior
				taxable year; plus
4.1.2. The
				one-tenth part allowed under W. Va. Code §
										11-13GG-4
				for qualified investment property placed into service or use during the current
				taxable year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-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, downstream natural gas 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, downstream natural gas
				manufacturing facility which is placed in service or use in this state by the
				taxpayer during the taxable year.
5.1.1.
				Applicable percentage. -- For the purpose of this section, the applicable
				percentage of any property is determined under 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, 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 §
											11-13GG-4
				and subsection 3.3.1 of this rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-6 - New jobs percentage

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				general. -- The new jobs percentage is based on the number of new jobs created
				in this state directly attributable to the qualified investment of the
				taxpayer.
6.2. When a job is
				attributable. -- An employee's position is directly attributable to the
				qualified investment if:
6.2.1. The
				employee's service is performed or his or her base of operations is at the new
				or expanded downstream natural gas manufacturing facility;
6.2.2. The position did not exist prior to
				the construction, renovation, expansion, or acquisition of the downstream
				natural gas manufacturing facility and the making of the qualified investment;
				and 6.2.3. But for the qualified investment, the position would not have
				existed.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-7 - Forfeiture of unused tax credits; redetermination of credit allowed

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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 §
									11-13GG-1,
et seq
., is treated as follows:
7.1.1. Is disposed of prior to the end of its
				useful life, as determined under W. Va. Code §
										11-13GG-6;
				or
7.1.2. Ceases to be used in a
				downstream natural gas manufacturing facility of the taxpayer in this state
				prior to the end of its useful life, as determined under W. Va. Code §
										11-13GG-6,
				then the unused portion of the credit allowed for the property is forfeited for
				the taxable year and all ensuing years. Additionally, 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 W. Va. Code §
										11-13GG-6,
				to correspond with the percentage of cost allowable for the period of time that
				the property was actually used in this state in the new or expanded business of
				the taxpayer. The taxpayer shall then file a reconciliation statement 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. The reconciliation statement shall be
				filed with the annual income return for the primary tax for which the taxpayer
				is liable under W. Va. Code §
										11-21-1,
et seq
., or §
										11-24-1,
et seq
., whichever is applicable.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-8 - Recapture of credit; recapture tax imposed

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When recapture tax applies. --
8.1.1. Any person who places qualified
				investment property in service or use at a downstream natural gas manufacturing
				facility and who fails to use the qualified investment property for at least
				the period of its useful life, as determined as of the time the property was
				placed in service or use, or the period of time over which tax credits allowed
				under W. Va. Code §
										11-13GG-1,
et seq
., with respect to the property are applied under W. Va.
				Code §
										11-13GG-1,
et seq
., whichever period is less, and who reduces the number
				of its employees filling new jobs at its downstream natural gas manufacturing
				facility in this state, which were created and are directly attributable to the
				qualified investment property, after the third taxable year in which the
				qualified investment property was placed in service or use, or fails to
				continue to employ individuals in all the new jobs created as a direct result
				of the qualified investment property and used to qualify for the credit allowed
				by W. Va. Code §
										11-13GG-1,
et seq
., prior to the end of the tenth taxable year after the
				qualified investment property was placed in service or use, the person shall
				pay the recapture tax imposed by section 8.2 of this section heading.
8.1.2. This section does not apply when W.
				Va. Code § 11-13GG-10 or section heading 9 of this rule applies. However,
				the successor, or the successors, and the person, or persons, who previously
				claimed credit under W. Va. Code §
										11-13GG-1,
et seq
., with respect to the qualified investment property and
				the new jobs attributable thereto, are jointly and severally liable for payment
				of any recapture tax subsequently imposed under this section with respect to
				the qualified investment property and new jobs.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-9 - Transfer of qualified investment to successors

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Mere change in form of business. --
				Property may not be treated as disposed of under W. Va. Code § 11-13GG-8
				by reason of a mere change in the form of conducting the business as long as
				the property is retained in the successor's 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.
9.2. Transfer or sale to
				successor. -- Property is not treated as disposed of under W. Va. Code §
				11-13GG-8 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 W. Va. Code §
									11-13GG-1,
et seq
., for each subsequent taxable year and the transferor
				business is not required to redetermine the amount of credit allowed in earlier
				years.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-10 - Identification of investment credit property

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Every taxpayer who claims credit under
				W. Va. Code §
									11-13GG-1,
et seq
., shall maintain sufficient records to establish the
				following facts for each item of qualified property:
10.1.1. Its identity;
10.1.2. Its actual or reasonably determined
				cost;
10.1.3. Its straight-line
				depreciation life;
10.1.4. The
				month and taxable year in which it was placed in service;
10.1.5. The amount of credit taken; and
10.1.6. 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.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-11 - Failure to keep records of investment credit property

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A taxpayer who does not keep the
				records required for identification of investment credit property is subject to
				the following rules:
11.1.1. 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.
11.1.2. 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.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-12 - Interpretation and construction

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. 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 heading, section, subsection,
				subdivision or paragraph of this rule.
12.2. The provisions of this rule shall be
				reasonably construed in order to effectuate the legislative intent recited in
				W. Va. Code §
									11-13GG-2.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-13 - Burden of proof; application required; failure to make timely application

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. 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 §
									11-13GG-1,
et seq
.
13.2.
				Application for credit required. --
13.2.1.
				Application required. -- Notwithstanding any provision of W. Va. Code §
										11-13GG-1,
et seq
., to the contrary, no credit is allowed or may be
				applied under W. Va. Code §
										11-13GG-1,
et seq
., 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 §
										11-13GG-1,
et seq
., makes written application to the Commissioner for
				allowance of credit as provided in this section. 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 and all information required by
				the form shall be provided.
13.2.2. 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 W. Va. Code
				§
										11-13GG-1,
et seq
. This penalty applies annually until the application is
				filed.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-14 - Tax credit review and accountability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. 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:
14.1.1. The numbers of taxpayers claiming the
				credit;
14.1.2. The net number of
				new jobs created by all taxpayers claiming the credit;
14.1.3. The cost of the credit;
14.1.4. The cost of the credit per new job
				created; and
14.1.5. Comparison of
				employment trends for an 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 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-15 - General procedure and administration

Current through Register Vol. XLI, No. 28, July 12, 2024
Each and every 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
				  §
									11-13GG-1,
et seq
., except as otherwise expressly provided, with like
				  effect as if that act were applicable only to the tax credit allowed by W. Va.
				  Code §
									11-13GG-1,
				  et seq., and were set forth in extension in this rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-16 - Crimes and penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
Each and every 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 W. Va. Code
				  §
									11-13GG-1,
et seq
., with like effect as if that act were applicable only
				  to the tax credit allowed by W. Va. Code §
									11-13GG-1,
et seq
., and were set forth in extension in this
				  rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13GG - Downstream Natural Gas Manufacturing Investment Tax Credit › Section 110-13GG-17 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. If any
				provision of 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 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.
17.2. If any provision of this
				rule, 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 this rule, but shall be confined in its operation
				to the provision thereof directly involved with, pertaining to, addressing, or
				referring to the repealed or invalidated statute, and the application of the
				provision with regard to other portions of this rule or in other instances not
				affected by any such repealed or invalid statute 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 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule explains and clarifies the Tax Credit for Employing Former
				Employees of Colin Anderson Center Who Lost Their Jobs Due to the Closure of
				the Center, which is established by W. Va. Code '11-13I-1 et seq.
1.2. Authority. -- W. Va. Code ''11-10-5,
				11-13I-3(c) and 29A-3-15.
1.3.
				Filing Date. -- April 17, 1996.
1.4. Effective Date. -- May 1,
				1996.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
When used in this rule, the terms appearing in this Section
				  shall be assigned the meanings provided in this Section unless the context in
				  which a term is used clearly indicates a different meaning.
2.1. "The Credit" means the credit that is
				established by W. Va. Code '11-13I-1 et seq. and is explained in this
				rule.
2.2. "Employment" means the
				provision of services under a contract of employment, either express or
				implied.
2.3. "Month" and "months"
				refer to the twelve calendar months.
2.4. "Person" means any entity, including but
				not limited to a natural person, a partnership or a corporation, that is liable
				for one or more of the following taxes: the Business Franchise Tax imposed
				under W. Va. Code '11-23-1 et
				seq.; the Personal Income Tax imposed under W. Va. Code
				11-21-1 et
				seq.; and the Corporation Net Income Tax imposed under W. Va. Code
				'11-24-1 et
				seq.
2.5. "Qualified Employee"
				means any natural person who, according to records maintained by the West
				Virginia Department of Administration, Division of Personnel:
(i) on December 31, 1995 was employed by the
				State of West Virginia at the Colin Anderson Center, in a position that was
				included within the classified service; and
(ii) whose employment in that position was
				terminated by the State of West Virginia due to the closing of the Colin
				Anderson Center and for no other reason.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-3 - Availability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Eligible
				Taxpayers. - Any person employing at least one qualified employee is eligible
				for the Credit.
3.2. Credit
				Available Only for Taxable Year. - The Credit shall be separately determined
				for each taxable year and may be applied only against the taxpayer's tax
				liabilities for that taxable year. No part of the Credit may be applied against
				tax liability for a prior or succeeding taxable year.
3.3. Expiration of the Credit. - The Credit
				may not be applied against tax liabilities for taxable years ending after
				December 31, 1998.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-4 - Amount

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Maximum amount
				of credit. - The Credit allowed a taxpayer in a given taxable year shall not
				exceed the lesser of the following:
(i) the
				sum of the Adjusted Allowances as provided in Section 4.2 of this rule for the
				qualified employees employed by the taxpayer during that taxable year; or
(ii) ten thousand dollars
				($10,000).
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-5 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Order of
				Application. - The Credit allowed the taxpayer in a given taxable year shall be
				applied first to the taxpayer's liability for taxes imposed under W. Va. Code
				'11-23-1 et
				seq. (Business Franchise Tax). The Credit remaining after it is applied to the
				taxpayer's Business Franchise Tax liability may be applied against the
				taxpayer's liability for taxes imposed under W. Va. Code '11-21-1 et
				seq. (Personal Income Tax) or under W. Va. Code '11-24-1 et
				seq. (Corporation Net Income Tax), as the case may be.
5.2. Credit Nonrefundable. - The Credit may
				not be used to reduce below zero ($0.00) the taxpayer's liability for any
				tax.
5.3. Credit May Not Be Applied
				to Penalties or Interest. - The Credit may be applied only against taxes
				imposed under W. Va. Code ''11-23-1, 11-21-1, and 11-24-1 et seq. The Credit
				may not be applied against penalties or interest imposed under any article of
				the West Virginia Code, notwithstanding that penalties or interest may be
				characterized as taxes for certain purposes.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13I - Tax Credit For Employing Former Members Of Colin Anderson Center › Section 110-13I-6 - Documentation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Information
				Provided by the Taxpayer. - The following information shall be provided by the
				taxpayer, either in the spaces provided for information on a return form
				developed by the Tax Commissioner or in a separate attachment to the tax return
				for any tax to which the Credit is applied.
6.1.1. The name and social security number of
				each qualified employee employed by the taxpayer during the taxable year;
				and
6.1.2. For each qualified
				employee, the number of work hours, as defined in Section
				110-13I-2.7 of this
				rule, accumulated in the course of his or her employment during the taxable
				year. Work hours for each qualified employee shall be separately stated for
				each month of the taxable year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13II - High-Wage Growth Business Tax Credit › Section 110-13II-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule explains and implements the Tax Commissioner's
				responsibilities under the High-Wage Growth Business Tax Credit enacted in H.
				B. 4558, which was effective June 5, 2020.
1.2. Authority. -- W. Va. Code §
									11-10-5
				and § 11-13II-5.
1.3. Filing
				Date. -- April 13, 2021.
1.4.
				Effective Date. -- April 13, 2021.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect upon August 1, 2026.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13II - High-Wage Growth Business Tax Credit › Section 110-13II-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
General Rule. - This rule incorporates by reference the
				  definitions in W. Va. Code § 11-13II-2 (HB 4558). Other terms used in this
				  rule are defined as provided in W. Va. Code §
									11-10-1,
et seq
., §
									11-21-1
et seq
., and §
									11-24-1
et seq
.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13II - High-Wage Growth Business Tax Credit › Section 110-13II-3 - Applying approved High-Wage Growth Business Tax Credits

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. After the West
				Virginia Development Office approves a taxpayer's application for High-wage
				Growth Business Tax Credit, the Development Office shall forward the approved
				application to the Tax Commissioner. The Tax Commissioner shall review the
				approved application to determine whether the employer applicant has fulfilled
				its obligations as set forth in the application approved by the Development
				Office. The Tax Commissioner may request additional information from the
				applicant employer as may be necessary to determine whether the application is
				correct and whether the applicant employer is eligible for the annual tax
				credit for that year. The Tax Commissioner may request that the applicant
				revise the application approved by the Development Office. If the applicant
				does not fulfill the obligations set forth in the application, the Tax
				Commissioner shall deny that portion of the tax credit otherwise allowable that
				are attributable to the unfulfilled obligations.
3.2. Approved High-Wage Growth Tax Credits
				may be used when the employer files its tax return for the applicant's taxable
				year after the application for the credit was filed with the Development
				Office.
3.3. Corporation. -- The
				High-Wage Growth Tax Credit allowed to an eligible taxpayer that pays the West
				Virginia Corporation Net Income Tax imposed by W. Va. Code §
									11-24-4
				is applied before any other allowable credits are applied against the tax. The
				taxpayer that has unused High-Wage Growth Tax Credit may elect to have up to
				$100,000 refunded as provided in section 3.5 of this rule, or to carry forward
				unused tax credit to a subsequent taxable year until the earlier of the
				following:
3.3.1. The full amount of the
				excess credit is used; or
3.3.2.
				The expiration of the 10th taxable year after the taxable year in which the
				annual salaries for the new direct jobs were paid or incurred. Any credit
				remaining thereafter is forfeited.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13II - High-Wage Growth Business Tax Credit › Section 110-13II-4 - False certification

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person who willfully submits a false, incorrect, or
				  fraudulent certification required for the High-Wage Growth Business Tax Credit
				  is subject to all applicable penalties in the West Virginia Tax Crimes and
				  Penalties Act, §
									11-9-1
et seq
., and the West Virginia Tax Procedures and
				  Administration Act, §
									11-10-1
et seq
., of this code, except that the amount on which the
				  penalty is based shall be the total amount of credit requested on the
				  application for approval.
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-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule implements W. Va. Code ''11-13K-1 et seq.
				11-13K-5
				requires the Tax Commissioner to propose legislative rules for certification of
				qualified agricultural equipment and for administration of the tax credit for
				purchases of the equipment.
1.2.
				Authority. -- W. Va. Code '11-13K-5.
1.3. Filing Date. -- May 14, 1997.
1.4. Effective Date. -- June 1,
				1997.