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-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule and unless the context clearly requires
				  a different meaning, the following terms have the meaning ascribed in this
				  section.
2.1. "Actual Annual Medical
				Liability Insurance Premium" - means the actual annual medical liability
				insurance premium paid by the taxpayer during the taxpayer's taxable year but
				does not include the premium paid for any other liability insurance.
2.2. "Adjusted Annual Medical Liability
				Premium" - means the statewide average of medical liability insurance premiums
				by specialty and subspecialty groups directly paid by eligible taxpayers in
				those specialty and subspecialty groups during the taxable year to cover
				physicians' services performed during the year reduced by the sum of
				$10,000.
2.3. "Commissioner" or
				"Tax Commissioner" - means the West Virginia State Tax Commissioner, or his or
				her delegate.
2.4. "Contractual
				Allowances" - means the difference between revenue (gross receipts) at
				established rates and amounts realizable from third-party payors under
				contractual agreements.
2.5.
				"Credit" or "Tax Credit" - means the Tax Credit For Medical Liability Insurance
				Premiums authorized by W. Va. Code §§
									11-13P-1
				et seq.
2.6. "Eligible Taxpayer" -
				means any person subject to the tax imposed by W. Va. Code §
									11-27-16,
				or a physician who is a partner, member, shareholder or employee of an eligible
				taxpayer and who is subject to the tax imposed by W. Va. Code §
									11-27-16.
2.7. "Eligible Taxpayer Organization" - means
				a partnership, limited liability company, or corporation that is an eligible
				taxpayer.
2.8. "Gross Receipts"
				means the amount received or receivable, whether in cash or in kind, from
				patients, third-party payors and others for a service subject to the Health
				Care Provider Tax that is furnished by the eligible taxpayer, including
				retroactive adjustments under reimbursement agreements with third-party payors,
				without any deduction for any expenses of any kind: Provided, That accrual
				basis eligible taxpayers may reduce gross receipts by their contractual
				allowances, to the extent the allowances are included, and by bad debts, to the
				extent the amount of the bad debts was previously included in gross receipts
				upon which the tax imposed by this section was paid.
2.9. "Health Care Provider Tax" or "Tax" -
				means the tax imposed by W. Va. Code §§
									11-27-1 et
				seq.
2.10. "Person" - means and
				includes any natural person, corporation, limited liability company, trust or
				partnership.
2.11. "Physician" -
				means a doctor of medicine or osteopathy.
2.12. "Physicians' Services" - means health
				care provider services that are performed in this State by physicians licensed
				by the West Virginia Board of Medicine or the West Virginia Board of
				Osteopathic Medicine, and that are subject to the Health Care Provider Tax,
				including those services that are physicians' services for purposes of Section
				1903(w) of the Social Security Act, and professional services performed by
				physicians, including surgery, consultation, and home, office, and
				institutional calls. However, "physicians services" do not include activities
				exemplified by the following:
2.12.1.
				Director fees received by a physician for serving on a board of directors;
				or
2.12.2. Fees received by a
				physician for expert testimony