reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13AC - Reduced Severance Tax Rates for Thermal or Steam Coal › Section 110-13AC-2 - Interpretive Note

Current through Register Vol. XLI, No. 28, July 12, 2024
This interpretive rule shall be read together with the
				  Severance Tax statutes (W. Va. Code §
									11-13A-1
et seq
.) and legislative rules (W. Va. Code St. R. §
				  110-13A-1,
et seq.
) previously promulgated by the Tax
				  Commissioner. The definitions, policies and procedures provided in W. Va. Code
				  St. R. § 110-13A-1,
et seq.
are equally applicable to
				  this interpretive rule. Should there be an inconsistency between the
				  promulgated legislative rules and this interpretive rule, the legislative rules
				  shall control, except to the extent the legislative rules do not reflect the
				  amendment to the Severance Tax laws enacted in H.B. 3142 (2019), which is
				  addressed in this or another rule promulgated by the Tax Commissioner as
				  provided in §
									29A-3-1,
et seq
. of the West Virginia Code.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13AC - Reduced Severance Tax Rates for Thermal or Steam Coal › Section 110-13AC-4 - Reduction of Severance Tax Rates on Thermal or Steam Coal

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Effective July 1, 2019, the rate of tax
				imposed by W. Va. Code §
									11-13A-3
				on the gross value of thermal or steam coal is reduced over the next three
				years for a total reduction of two percent by July 1, 2021:
4.1.1. On and after July 1, 2019, the tax
				rate is 4.3% of the gross value of thermal or steam coal produced;
4.1.2. On and after July 1, 2020, the rate is
				3.7% of the gross value of thermal or steam coal produced; and,
4.1.3. On and after July 1, 2021, the rate is
				3% of the gross value of thermal or steam coal produced.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13AC - Reduced Severance Tax Rates for Thermal or Steam Coal › Section 110-13AC-5 - Accounting for Sales of Thermal or Steam Coal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The determination of whether the gross
				proceeds of sale are considered to be from the sale of thermal or steam coal in
				order to qualify the gross proceeds of sale for a reduced rate of taxation will
				be made based upon the coal sales contract and whether the coal is sold to an
				electric power company for the purpose of generating or producing electricity.
5.1.1. Taxpayers eligible for the reduced
				severance tax rates for thermal or steam coal are those taxpayers who sell coal
				to an electric power company, either directly or through the services of a
				broker, for the purpose of generating or producing electricity. The sale to the
				electric power company must occur on or after July 1, 2019, in order to be
				eligible for the reduced rates.
5.1.1.a. If
				the coal is sold by the producer of the coal to a broker, who resells the coal
				to an electric power company for use in the production or generation of
				electricity, the producer will be eligible for the reduced thermal or steam
				coal rates when the broker provides an attestation to the producer that the
				coal has been resold to an electric power plant as set forth in section
				110-13AC-6 of this rule.
5.1.1.b.
				If the coal is sold by the producer of the coal to a third-party seller,
				marketer, processor, blender, or any other entity, other than an electric power
				company, either directly or through the services of a broker, the coal may be
				eligible for the thermal or steam coal reduced rates, provided that the coal is
				ultimately sold to an electric power company for use in the production or
				generation of electric power. To the extent the third-party seller, marketer,
				processor, blender or other entity is behaving as a broker and can attest to
				the producer that the coal is ultimately sold to an electric power company as
				set forth in section 110-13AC-6 of this rule, the producer may qualify for the
				reduced rate for thermal or steam coal.
5.1.1.c. In the case where there have been
				other intermediary sales, the coal may still be eligible for the reduced rate
				if it is ultimately sold to an electric power company for the purpose of
				generating or producing electricity and each party in the series of sales has
				provided the verifications and information described in section 110-13AC-6 of
				this rule.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These legislative regulations explain and clarify the West Virginia
				Telecommunications Tax Act set forth at W. Va. Code '11-13B-1 et
				seq.
1.2. Authority. -- W. Va. Code
				'11-10-5;
				'29A-3-15
1.3. Filing Date. --
				April 4, 1988
1.4. Effective Date.
				-- April 4, 1988
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these regulations and unless the context clearly
				  requires a different meaning, the following terms shall have the meanings
				  ascribed herein, and shall apply in the singular or in the plural.
2.1. Article 13B. West Virginia Code
				'11-13B-1 et seq.
2.2. Business.
				The term "business" shall include all activities engaged in or caused to be
				engaged in with the object of gain or economic benefit, either direct or
				indirect.
2.3. Communications
				channel. The term "communications channel" or "channel" means the smallest
				discrete circuit or other means whereby a message, conversation, data set or
				signal may be communicated, and which cannot be subdivided without destroying
				or diminishing its capacity to carry such communications.
2.3.1. Voice grade channel. The term "voice
				grade channel" is a channel suitable for transmission of speech, digital or
				analog data, or facsimile, with a frequency range of zero (0) to four thousand
				(4000) cycles per second (Hz).
2.3.2. Voice grade equivalent (VGE). The term
				"voice grade equivalent" or "VGE" means the equivalent of a channel suitable
				for the transmission of speech, digital or analog data, or facsimile, with a
				frequency range of zero (0) to four thousand (4000) cycles per second (Hz). For
				purposes of the telecommunications tax and except for telegraph channels, a
				voice grade equivalent is deemed to be a "communications channel." Every four
				thousand (4000) Hz of usable band width (capacity) including capacity used for
				signalling and supervision constitutes one (1) channel, except that one (1)
				telegraph channel is one (1) channel for the purposes of the tax, because one
				(1) voice grade channel can carry twelve (12) telegraph channels.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-3 - Tax Imposed On Telecommunications Businesses; Effective Date

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Tax imposed.
				Upon every telecommunications business selling or furnishing telegraph,
				telephone or other telecommunication service, there is imposed an annual
				privilege tax on account of the business, or other activities, of the taxpayer
				engaged in or carried on within the State, during the taxable year. The amount
				of taxes due shall be determined by application of rates against gross income,
				as specified in W. Va. Code '11-13B-3 and in
				section 3.2. of these regulations, effective on and after the 1st day of July,
				1987.
3.1.1. Telecommunications business. The
				tax is imposed solely upon engaging in telecommunications businesses, and not
				upon persons who may engage in telecommunication activities incidental to the
				provision of other services such as:
3.1.1.1.
				date processing services, even though the provision of such services relies
				upon the transfer of data from one point to another, regardless of
				distance;
3.1.1.2. legal and
				medical services, even though such services in whole or in part are performed
				with, by or through telecommunications devices;
3.1.1.3. activities that utilize
				telecommunication devices to obtain permits or provide other materials or
				services for customers; i.e., a truckstop which contacts the State Tax
				Department and arranges for and obtains fuel permits for truckers through a
				facsimile reproduction machine or similar telecommunications devices.
3.1.1.4. airlines and aircraft which
				routinely use telecommunications in their flights are not, by virtue of such
				usage, a telecommunications business and are not subject to the communications
				tax.
3.1.1.5. companies providing
				specialized data base services to their subscribers, which may only be accessed
				through telecommunication devices that transmit information from the data base
				location to the subscriber-customer.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-4 - Accounting Periods And Methods Of Accounting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Taxable year. For purposes of the
				telecommunications tax, a taxpayer's taxable year shall be the same as the
				taxpayer's taxable year for federal income tax purposes.
4.2. Change of taxable year. If a taxpayer's
				taxable year is changed for federal income tax purposes, the taxpayer's taxable
				year for purposes of the telecommunications tax shall be changed to correspond
				with the taxpayer's taxable year for federal income tax purposes. The taxpayer
				shall file a copy of the authorization of such change from the Internal Revenue
				Service with its annual return for the taxable year filed under Article
				13B.
4.3. Methods of accounting.
4.3.1. Same as federal. A taxpayer's method
				of accounting for the telecommunications tax shall be the same as the
				taxpayer's method of accounting for federal income tax purposes. In the absence
				of any method of accounting for federal income tax purposes, the accrual method
				of accounting shall be used unless the Tax Commissioner, in writing, consents
				to use of another method.
4.3.2.
				Change of accounting methods. If a taxpayer's method of accounting is changed
				for federal income tax purposes, his method of accounting for purposes of the
				telecommunications tax shall be also changed to be identical to that used by
				the taxpayer for federal income tax purposes. The taxpayer shall provide a copy
				of the authorization for such change from the Internal Revenue Service, with
				its annual return for the taxable year filed under this Article.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-5 - Annual Return

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. On
				or before the expiration of one (1) month after the end of the taxable year,
				every taxpayer subject to the telecommunications tax shall make and file an
				annual return for the entire taxable year showing such information as the Tax
				Commissioner may reasonably require in computing the amount of such taxes due
				for that taxable year. The filing of the return is required regardless of
				whether any tax is due for the taxable year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-6 - Periodic Installment Payments Of Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General rule. Taxes levied under Article
				13B shall be due and payable in periodic installments as follows:
6.1.1. Tax in excess of one thousand dollars
				($1,000.00) per month. For taxpayers whose estimated tax liability under the
				telecommunications tax exceeds one thousand dollars ($1,000.00) per month, the
				tax shall be due and payable in monthly installments on or before the last day
				of the month following the month in which the tax accrued.
6.1.1.1. Each such taxpayer shall, on or
				before the last day of each month, make out an estimate of the tax for which
				the taxpayer is liable for the preceding month, sign the same and mail it
				together with the remittance, in the form prescribed by the Tax Commissioner
				and the amount of tax due to the Office of the Tax Commissioner.
6.1.1.2. In estimating the amount of tax due
				for each month, the taxpayer may deduct one twelfth (1/12th) of any applicable
				tax credits allowable for the taxable year, and one twelfth (1/12th) of any
				annual exemption allowed for such year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-7 - Extension Of Time For Filing Returns

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Tax Commissioner may, upon written
				request received on or prior to the due date of the annual return or any
				periodic estimate, grant a reasonable extension of time for filing any return
				or other document required by these regulations if good cause satisfactory to
				the Tax Commissioner is provided by the taxpayer. An extension of time for
				filing the return does not extend the time for payment of tax.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-8 - Extensions Of Time For Paying Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Amount determined on return. The Tax
				Commissioner may extend the time for payment of the amount of the tax shown, or
				required to be shown, on any annual return required by these regulations (or
				for any periodic installment payments), for a reasonable period not to exceed
				six (6) months from the date fixed for payment thereof.
8.2. Amount determined as deficiency. Under
				these regulations, the Tax Commissioner may extend the time for the payment of
				the amount determined as a deficiency of the telecommunications tax for a
				period not to exceed eighteen (18) months from the date fixed for payment of
				the deficiency. In exceptional cases, a further period of time not to exceed
				twelve months may be granted. An extension under this subsection may be granted
				only where it is shown to the satisfaction of the Tax Commissioner that payment
				of a deficiency upon the date fixed for the payment thereof will result in
				undue hardship to the taxpayer.
8.3. No extension for certain deficiencies.
				No extension shall be granted under this section for any deficiency if the
				deficiency is due to negligence, to intentional disregard of rules and
				regulations, or to fraud with intent to evade tax.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-9 - Place For Filing Returns Or OtherDocuments

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Tax returns, statements, or other
				documents, or copies thereof, required by these regulations shall be filed with
				the Tax Commissioner by delivery, in person or by mail, to his office in
				Charleston, West Virginia.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-10 - Time And Place For Paying Tax Shown On Returns

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General rule. The person required to
				make the annual return of the telecommunications tax shall, without assessment
				or notice and demand from the Tax Commissioner, pay such tax at the time and
				place fixed for filing the return.
10.2. Date fixed for payment of tax. The date
				fixed for payment of the telecommunications taxes shall be deemed to be a
				reference to the last day fixed for such payment (determined without regard to
				any extension of time for paying the tax).
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-10a - Tax Credit For Business Investment And Jobs Expansion; Credit For Eligible Research And Development Projects; Credit For Reducing Telephone Rates For Certain Low- Income Residential Customers; Rules

Current through Register Vol. XLI, No. 28, July 12, 2024
10a.1. There shall be allowed as a credit
				against the telecommunications tax imposed by Article 13B, Chapter 11 for the
				taxable year, the amount determined under Articles 13C, 13D, and 13G of Chapter
				11 of the West Virginia Code, relating respectively to:
10a.1.1.Tax credit for business investment
				and jobs expansion;
10a.1.2.Tax
				credit for eligible research and development projects;
10a.1.3.Tax credit for reducing telephone
				utility rates for certain low income residential customers.
10a.1.4.The tax imposed by Article 13B is
				subject to the credit set forth at Section 9b, Article 15, Chapter 11
				(Consumers Sales and Service Tax) and the credit set forth at Section 3b,
				Article 15-A, Chapter 11 (Use Tax) of the West Virginia Code.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-11 - Signing Of Returns And Other Documents

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General. All applicable sections of the
				return must be completed and substantiating documents attached.
11.2. Signing of corporation returns. The
				return of a corporation shall be signed by the president, vice president,
				treasurer, assistant treasurer, chief accounting officer or any other officer
				duly authorized so to act. In the case of a return made for a corporation by a
				fiduciary, such fiduciary shall sign the return. The fact that an individual's
				name is signed on the return is prima facie evidence that such individual is
				authorized to sign the return on behalf of the corporation.
11.3. Signing of partnership returns. The
				return of a partnership shall be signed by any one of the partners. The fact
				that a partner's name is signed on the return is prima facie evidence that such
				partner is authorized to sign the return on behalf of the
				partnership.
11.4. Signature
				presumed authentic. The fact that an individual's name is signed to a return,
				statement or other document is prima facie evidence for all purposes that the
				return, statement or other document was actually signed by him.
11.5. Verification of returns. Except as
				otherwise provided by the Tax Commissioner, any return, declaration or other
				document required to be made under Article 13B or these regulations shall
				contain or be verified by a written declaration that it is made under the
				penalties of perjury.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-12 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Every
				taxpayer liable for reporting or paying the telecommunications tax shall keep
				such records, receipts, invoices, and other pertinent papers in such forms as
				the Tax Commissioner may reasonably require.
12.1.1. On or before February 29, 1988, every
				taxpayer liable for reporting or paying the telecommunications tax shall report
				to the Tax Commissioner the total length of such taxpayer's communication
				pathways and the number of channels of such pathway. In determining this, all
				channels and pathways shall be presumed to be one-way, i.e., a one channel wire
				shall be counted as one although information may travel through it in two
				directions.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-13 - Preservation Of Rights And The Liabilities Of Taxpayers

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Tax liabilities, if any arising for
				taxable years or portions thereof ending prior to the first day of July, 1987,
				shall be determined, administered, assessed and collected as if the taxes
				imposed by Article 12A, Chapter 11 of the West Virginia Code had not been
				repealed; and the rights and duties of the taxpayer and the State of West
				Virginia shall be fully and completely preserved.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-14 - General Procedure And Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Each and every provision of the "West
				Virginia Tax Procedure and Administration Act" set forth in Article 10, Chapter
				11 of the West Virginia Code shall apply to the telecommunication tax with like
				effect as if said Act were applicable only to the telecommunications tax and
				were set forth in extenso in Article 13B and these regulations.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-15 - Criminal Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Each and every provision of the "West Virginia Tax Crimes and Penalties Act"
				set forth in Article 9, Chapter 11 of the West Virginia Code shall apply to the
				telecommunications tax with like effect as if said Act were applicable only to
				the telecommunications tax and were set forth in extenso in Article 13B and
				these regulations.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13B - Telecommunications Tax › Section 110-13B-16 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If any
				provision of these regulations or the application thereof is for any reason
				adjudged by any court of competent jurisdiction to be invalid, such judgment
				shall not effect, impair or invalidate the remainder of these regulations, but
				shall be confined in its operation to the provision thereof directly involved
				in the controversy in which such judgment shall have been rendered, and the
				applicability of such provision to other persons or circumstances shall not be
				affected thereby.
FORM MAY BE OBTAINED FROM SECRETARY OF STATE'S
				  OFFICE
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule explains and clarifies the West Virginia Business Investment and Jobs
				Expansion Tax Credit, as stated in W. Va. Code '11-13C-1 et seq. This
				rule was filed as emergency regulations pursuant to the statutory mandate set
				forth in W. Va. Code '11-13C-8a(c).
				This rule addresses application of the provisions of W. Va. Code '11-13C-8a
				relating to the recapture of the West Virginia Business Investment and Jobs
				Expansion Tax Credit and other credits set forth in W. Va. Code '11-13C et
				seq., and imposition of the recapture tax prescribed in the said W. Va. Code
				'11-13C-8a.
				The provisions of sections 4b.8a through 4b.8a.2.3 of this rule and sections 8a
				through 8a.5.1 of this rule apply to property placed in service after March 12,
				1994. The provisions of this rule do not supersede, abrogate or nullify rulings
				of the Tax Commissioner issued prior to the issuance of this rule. Specific
				written rulings of the Tax Commissioner issued prior to the issuance of these
				regulations shall remain in full force and effect, and shall supersede any
				conflicting provision of this rule.
1.2. Authority. -- W. Va. Code ''29A-3-15,
				11-10-5 and 11-13C-8a(c).
1.3.
				Filing Date. -- April 25, 1995.
1.4. Effective Date. -- May 1,
				1995.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in these regulations and unless the context clearly
				  requires a different meaning, the following terms shall have the meaning
				  ascribed herein, and shall apply in the singular or in the plural.
3.1. Business. - The term "business" means
				any activity taxable under W. Va. Code ''11-12A et seq. or 13 et seq. (or
				both), which is engaged in by any person in this State: provided, That on and
				after the July 1, 1987, the term "business" means any activity taxable under
				article 13, 13-a, 13-b, 21, 23 and 24 of this chapter (or any one or
				combination of such articles of this chapter).
3.2. Business expansion. - The term "business
				expansion" means capital investment in a new or expanded business facility in
				this State.
3.3. Business facility.
				- The term "business facility" means any factory, mining operation, mill,
				plant, refinery, warehouse, building or complex of buildings located within
				this State, including the land on which it is located, and all machinery,
				equipment and other real and personal property located at or within such
				facility, used in connection with the operation of such facility, in a business
				that is taxable in this State, and all site preparation and start-up costs of
				the taxpayer for the business facility which it capitalizes for federal income
				tax purposes.
3.3.1. "Mining operation" means
				the place at which a person extracts ores or minerals from the ground. It
				includes both surface and underground mining operations.
3.3.2. "Surface mine" means the surface of
				land upon which activities are conducted which disturb the natural surface of
				the land and result in the production of ores or minerals.
3.3.3. "Underground mine" means the surface
				effects associated with the shafts, slopes, lifts or inclines connected with
				excavations penetrating seams or strata of minerals, and the equipment
				connected therewith which contribute to the mining, preparation or handling or
				ores or minerals.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-4 - Amount of credit allowed - when investment is placed in service -time period over which investment can be placed in service

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 '11-13C-4a
				or 6, or both and these regulations) in "property purchased or leased for
				business expansion" (as defined in W. Va. Code '11-13C-3 and 14 and
				these regulations) by the taxpayer's new jobs percentage (determined under W.
				Va. Code '11-13C-7, 4a
				or 7a and these regulations). The product of this calculation establishes the
				maximum amount of credit allowable under W. Va. Code '11-13C et seq., due to
				the qualified investment.
4.2.
				Application of credit over ten years. - The amount of credit allowable must be
				taken over a ten (10) year period, with certain extensions of this period for
				carryover rebate credit, credit arising from non-quantifiable investment and
				multiple year project credit, at the rate of one-tenth (1/10th) of the amount
				thereof per taxable year (except that rebate credit is not limited by this
				one-tenth requirement), beginning with the taxable year in which the taxpayer
				places the qualified investment in service or use in this State, unless the
				taxpayer elected to delay the beginning of the ten (10) year period until the
				next succeeding taxable year, except that project credit for a project
				available under W. Va. Code '11-13C-4b(e)(2)
				shall begin to be taken in the year specified therein. This election shall, for
				all credit taken under W. Va. Code '11-13C et seq., except the small business
				credit under Section 7a thereof, be made in the annual income tax return filed
				for the taxable year in which credit is first taken on the qualified investment
				placed into service or use by the taxpayer. Once made, the election cannot be
				revoked. The annual credit allowance shall be taken in the manner prescribed in
				W. Va. Code '11-13C et seq.. For credit taken under W. Va. Code '11-13C-7a,
				the election to delay the beginning of the ten (10) year period shall be made
				in the annual income tax return filed for the taxable year in which qualified
				investment is first placed in service or use.
4.2.1. For a nonproject business investment
				and jobs expansion tax credit, the entity making the actual investment is the
				entity which is entitled to take the credit. The credit cannot be shared among,
				or assigned to, other entities. Also, the entity making the investment and
				taking the credit must also be the entity which is the employer of the persons
				holding new jobs attributable to investment.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-4a - Credit allowed for locating corporate head quarters in this State

Current through Register Vol. XLI, No. 28, July 12, 2024
4a.1. Credit
				allowed. - A corporation that presently has its corporate headquarters located
				outside of West Virginia that relocates its corporate headquarters in this
				State and employs, on a full-time basis, at its new corporate headquarters
				location, at least fifteen (15) people, who are domiciled in this State, shall
				be allowed credit under W. Va. Code '11-13C et seq.
4a.1.1. W. Va. Code '11-13C-3(b)(13),
				in defining the term "new employees" for the purpose of determining the number
				of new jobs attributable to qualified investment, states, in relevant part,
				that:
In no case shall the new employees allowed for purposes of
				  this credit exceed the total increase in the taxpayer's employment in this
				  state.
Thus, the allowable amount of credit must always be based
				  upon the net number of new jobs created. Any decrease in the number of West
				  Virginia employees in any area or segment of a taxpayer's business must count
				  directly against the number of new jobs attributable to qualified investment
				  over the (generally) ten (10) year credit period.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-5 - Application of annual credit allowance

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In general. - The aggregate annual
				credit allowance for the current taxable year is an amount equal to the sum of:
5.1.1. The one-tenth part allowed under W.
				Va. Code '11-13C-4
				for qualified investment placed into service or use during a prior taxable
				year, plus
5.1.2. The one-tenth
				part allowed under W. Va. Code '11-13C-4
				for qualified investment placed into service or use during the current taxable
				year, plus
5.1.3. The one-tenth
				part allowed under W. Va. Code '11-13C-4a
				for locating corporate headquarters in this State; or the amount allowed under
				W. Va. Code '11-13C-7a
				for the taxable year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-6 - Qualified investment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				General. - The qualified investment in property purchased or leased for
				business expansion shall be the applicable percentage of the cost of each
				property purchased or leased for the purpose of business expansion which is
				placed in service or use in this State by the taxpayer during the taxable year.
6.1.1. The cost of property purchased prior
				to March 1, 1985, but placed in service or use in a new or expanded business
				facility on or after that date and prior to March 10, 1990 can constitute a
				base for qualified investment. The cost of other property meeting the
				definition of property purchased or leased for business expansion as set forth
				in Section 3 of these regulations can constitute a base for qualified
				investment.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-7a - Small business credit

Current through Register Vol. XLI, No. 28, July 12, 2024
7a.1.
				For purposes of these regulations and W. Va. Code '11-13C-7a
				the term small business is defined in Section 3.26 and the subsections thereof
				of these regulations. The annual gross payroll and annual gross receipts
				amounts described in Section 3.26 of these regulations shall be prescribed by
				increasing the amount of each by the cost-of-living adjustment for such
				calendar year. Such increase shall be calculated based upon the statutory
				annual payroll and annual gross receipts amounts prescribed for the period of
				July 1, 1987 to December 31, 1988. The annual gross payroll, annual gross
				receipts and median annual compensation requirements of this Section and
				Section 3.26 of these regulations shall first be determined for any taxpayer in
				the year when qualified investment is first placed in service or use as
				determined in accordance with Section 4 and the subsections thereof of the
				regulations.
7a.1.1. Cost of living
				adjustment. - For purposes of this Section and the subsections thereof, the
				cost-of-living adjustment for any calendar year is the percentage (if any) by
				which:
7a.1.1.1. The consumer price index for
				the preceding calendar year exceeds
7a.1.1.2. The consumer price index for the
				calendar year 1987.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-8 - Forfeiture of unused tax credits; redetermination of credit allowed

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Disposition of
				property or cessation for use. - If during any taxable year, property with
				respect to which a tax credit has been allowed under W. Va. Code '11-13C et
				seq.:
8.1.2. Is disposed of prior to the end
				of its useful life, as determined under W. Va. Code '11-13C-6;
				or
8.1.3. Ceases to be used in an
				eligible business of the taxpayer in this State prior to the end of its useful
				life, as determined under said W. Va. Code '11-13C-6,
				then the unused portion of the credit allowed for such property shall be
				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 such
				property allowed under said W. Va. Code '11-13C-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. Taxpayer shall for periods prior to July 1, 1987 then file a
				reconciliation statement with its annual business and occupation tax return or
				carrier income tax return, for the year in which the forfeiture occurs and pay
				any additional taxes owed due to reduction of the amount of credit allowable
				for such earlier years, plus interest and any applicable penalties. For taxable
				periods beginning on or after July 1, 1987, such reconciliation statement shall
				be filed with the annual return for the primary tax for which the taxpayer is
				liable under W. Va. Code ''11-13, 11-13A, 11-13B or 11-23 et seq. Taxpayers not
				subject to tax under any of these articles shall file such statement with the
				annual return filed for the tax due under W. Va. Code '11-21 et seq.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-10 - Identification of investment credit property

Current through Register Vol. XLI, No. 28, July 12, 2024
Every taxpayer who claims credit under W. Va. Code '11-13C et
				  seq. shall maintain sufficient records to establish the following facts for
				  each item of qualified property:
10.1.
				Its identity;
10.2. Its actual or
				reasonably determined cost;
10.3.
				Its straight-line depreciation life;
10.4. The month and taxable year in which it
				was placed in service;
10.5. The
				amount of credit taken; and
10.6.
				The date it was disposed of or otherwise ceased to be qualified
				property.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-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:
11.2. A
				taxpayer shall be treated as having disposed of, during the taxable year, any
				investment credit property which the taxpayer cannot establish was still on
				hand, in this State, at the end of that year.
11.3. 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 shall be
				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 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-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 shall be drawn or made by
				reason of the location or grouping of any particular section, provision or
				portion of W. Va. Code '11-13C et seq.; and no legal effect shall be given to
				any descriptive matter or heading relating to any section, subsection or
				paragraph of W. Va. Code '11-13C et seq.
12.2. Prior to March 10, 1990 the provisions
				of W. Va. Code '11-13C et seq. were liberally construed in order to effectuate
				the legislative intent recited in W. Va. Code '11-13C-2.
However, on and after March 10, 1990 this rule was replaced
				  with a rule of reasonable construction in which 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 '11-13C et
				  seq.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-13 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. If any
				provision of W. Va. Code '11-13C et seq. or the application thereof shall for
				any reason be adjudged by any court of competent jurisdiction to be invalid,
				such judgment shall not affect, impair or invalidate the remainder of said
				article, but shall be confined in its operation to the provision thereof
				directly involved in the controversy in which such judgment shall have been
				rendered, and the applicability of such provision to other persons or
				circumstances shall not be affected thereby. The same treatment shall be
				adopted for these regulations.
13.2. If any provision of W. Va. Code '11-13C
				et seq. or the application thereof shall be made invalid or inapplicable by
				reason of the failure of the Legislature to enact any statute therein addressed
				or referred to, or by reason of the repeal or any other invalidation of any
				statute therein addressed or referred to, such failure to reenact on such
				repeal or invalidation of any such statute shall not affect, impair or
				invalidate the remainder of the said article, but shall be confined in its
				operation to the provision thereof directly involved with, pertaining to,
				addressing or referring to the said statute, and the application of such
				provision with regard to other statutes or in other instances not affected by
				any such invalid or repealed statute shall 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 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-15A - Excluded stock

Current through Register Vol. XLI, No. 28, July 12, 2024
15A.1. Certain
				stock excluded. - For purposes of W. Va. Code '11-13C-14
				and the regulations thereunder, the term "stock" does not include:
15A.1.1.Nonvoting stock which is limited and
				preferred as to dividends, and
15A.1.2.Treasury stock.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-13C - Business Investment And Jobs Expansion Tax Credit, Corporation Headquarters Relocation Tax Credit, Sma › Section 110-13C-15C - Franchised corporations

Current through Register Vol. XLI, No. 28, July 12, 2024
15C.1. In general. - For purposes of
				subparagraph 15.2.2.4 of these regulations, a member of a controlled group of
				corporations shall be considered to be a franchised corporation for a taxable
				year if each of the following conditions is satisfied for one-half (1/2) (or
				more) of the number of days preceding the December 31 included within such
				taxable year (or, if such taxable year does not include a December 31, for
				one-half (1/2) or more of the number of days in such taxable year preceding the
				last day of such year):
15C.1.1.Such member
				is franchised to sell the products of another member, or the common owner, of
				such controlled group.
15C.1.2.More
				than fifty percent (50%) (determined on the basis of cost) of all the goods
				held by such member primarily for sale to its customers are acquired from
				members or the common owner of the controlled group, or both.
15C.1.3.The stock of such member is to be
				sold to an employee (or employees) of such member pursuant to a bona fide plan
				designed to eliminate the stock ownership of the parent corporation (as defined
				in Section
				110-13C-15A.2.1 of
				these regulations) or of the common owner (as defined in Section
				110-13C-15A.2.3 of
				these regulations) in such member.
15C.1.4.Such employee owns (or such employees
				in the aggregate own) directly more than twenty percent (20%) of the total
				value of shares of all classes of stock of such member. For purposes of this
				subsection, the determination of whether an employee (or employees) owns the
				requisite percentage of the total value of the stock of the member shall be
				made without regard to Section
				110-13C-15B.2
				of these regulations, relating to certain stock treated as excluded stock.
				Furthermore, if the corporation has more than one (1) class of stock
				outstanding, the relative voting rights as between each such class of stock
				shall be disregarded in making such determination.
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-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule sets forth the procedures and requirements for the State Tax
				Department's administration of the farm-to-food bank tax credit that is
				established by W. Va. Code §
									11-13DD-1,
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									11-13DD-5.
1.3. Filing Date. -- April 24,
				2023.
1.4. Effective Date. -- April
				24, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
1.6. Applicability. -- The
				farm-to-food bank tax credit is available to qualified donors who make eligible
				and certified donations after December 31, 2017.
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-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agriculture
				Commissioner" means the Commissioner of the West Virginia Department of
				Agriculture.
2.2. "Agriculture
				Department" means the West Virginia Department of Agriculture.
2.3. "Credit" means the farm-to-food bank tax
				credit authorized by W. Va. Code §
									11-13DD-1,
et
				seq
.
2.4. "Donation" means
				eligible agricultural products provided free of charge to a non-profit food
				program.
2.5. "Farming taxpayer"
				means a West Virginia taxpayer responsible for, and deriving income of, at
				least $1,000 from growing fruits, vegetables or other edible agricultural
				products or from raising beef, poultry, pork, fish or other edible agricultural
				products.
2.6. "Nonprofit food
				program" means a surplus food collection and distribution program operated and
				established to collect donated food for redistribution to persons in need and
				is recognized as exempt from federal taxation under Section 501(c)(3) of the
				Internal Revenue Code.
2.7.
				"Qualified donor" means any donor whose donation(s) has been certified by the
				West Virginia Department of Agriculture, pursuant to §11-13DD-4, and who
				is otherwise eligible to claim the farm-to-food bank tax credit.
2.8. "Tax Department" means the West Virginia
				State Tax Department.
2.9. "Tax
				Commissioner" means the West Virginia State Tax Commissioner.