West Virginia Code § 11-13C-15

Continuing suspension of new credit entitlements, exceptions, effective
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date.
(a) Notwithstanding any other provision of this article to the contrary, no entitlement to the
business investment and jobs expansion tax credit under this article shall result from, and no
credit shall be available to any taxpayer for, investment placed in service or use after April
10, one thousand nine hundred ninety-three. e
(b) The suspension of new entitlements to credits set forth in subsection (a) of this section
shall not apply to companies, entities or taxpayers engaged in the following industries or
business activities: u
(1) Manufacturing, including, but not limited to, chemical processing and chemical
manufacturing, manufacture of wood products and forestry products, manufacture of
aluminum, manufacture of paper, paper processing, recyclable paper processing, food
processing, manufacture of aircraft or aircraft parts, manufacture of automobiles or
automobile parts, and all other manufacturing activlities, but not timbering or timber
severance or timber hauling, or mineral seversance, hauling, processing or preparation, or
coal severance, hauling, processing or preparation;
(2) Information processing, includingg, but not limited to, telemarketing, information
processing, systems engineering, backoffice operations and software development;
(3) The activity of warehousing, including, but not limited to, commercial warehousing and
the operation of regional distribution centers by manufacturers, wholesalers or retailers;
(4) The activity of goods distribution;
(5) DestinatioVn-oriented recreation and tourism.
(c) Notwithstanding the fact that a company, entity or taxpayer is engaged in an industry or
business activity enumerated in subsection (b) of this section, such company, entity or
taxpayer must qualify for the business investment and jobs expansion tax credit by fulfilling
the qualified investment, jobs creation and other credit entitlement requirements of the
business investment and jobs expansion tax credit act in order to obtain entitlement to any
credit under this article. Failure to fulfill the statutory requirements of the business
investment and jobs expansion tax credit act will result in a partial or complete loss of the
tax credit.
(d) Transition rule. -- Notwithstanding any provision herein contained to the contrary, this
section shall not apply to investments for which applications for credit or applications for
projected certification were filed prior to April 10, one thousand nine hundred ninety-three.

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