West Virginia Code § 11-10E-8

Registration of tax shelters
Open in Lexace · Ask the AI about this section
(a) Federal tax shelter. -- Any tax shelter organizer or material advisor required to register a
tax shelter under Section 6111 of the Internal Revenue Code shall send a duplicate of the
federal registration information to the Tax Commissioner not later than the day on which
registration is required under federal law. Any person required to register under Section
6111 of the Internal Revenue Code who receives a tax registration number ferom the
Secretary of the Treasury shall, within thirty days after request by the Tax Commissioner,
file a statement of that registration number with the Tax Commissionerr.
(b) Additional requirements for listed transactions. -- In additionu to the requirements of
subsection (a), for any transactions entered into on or after February 28, 2000, that become
listed transactions (as defined under Treasury Regulations Stection 1.6011-4) at any time,
those transactions shall be registered with the Tax Commissioner (in the form and manner
prescribed by the Tax Commissioner) by the later of: (i) Sixty days after entering into the
transaction; (ii) sixty days after the transaction becomes a listed transaction; or (iii) July 1,
2006.
(c) Tax shelters subject to this section for taxable years commencing before January 1, 2007.
-- The provisions of this section apply to any tax shelter herein described in which a person:
(1) Organizes or participates in the sale of an interest in a partnership, entity or other plan
or arrangement; and
(2) Makes or causes another person to make a false or fraudulent statement with respect to
securing a tax benefit or a gross valuation as to any material matter, and which is or was one
or more of the following: (A) Organized in this state; (B) doing business in this state; or (C)
deriving income from sources in this state.
(d) Tax shelters subject to this section for taxable years commencing on or after January 1,
2007. -- The provisions of this section apply to any tax shelter herein described in which a
person organizes or participates in the sale of an interest in a partnership, entity or other
plan or arrangement that is or was one or more of the following: (i) Organized in this state;
(ii) doing business in this state; or (iii) deriving income from sources in this state.
(e) Tax shelter identification number. -- Any person required to file a return under this
article and required to include on the person's federal income tax return a tax shelter
identification number pursuant to Section 6111 of the Internal Revenue Code shall furnish
such number when filing the person's West Virginia return.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.