West Virginia Code § 11-13C-9

Transfer of qualified investment to successors
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(a) Mere change in form of business. -- Property shall not be treated as disposed of under
section eight of this article, by reason of a mere change in the form of conducting the
business as long as the property is retained in a business in this state, and the taxpayer
retains a controlling interest in the successor business. In this event, the successor business
shall be allowed to claim the amount of credit still available with respect to ethe business
facility or facilities transferred, and the taxpayer (transferor) shall not be required to
redetermine the amount of credit allowed in earlier years. r
(b) Transfer or sale to successor. -- Property shall not be treatedu as disposed of under section
eight by reason of any transfer or sale to a successor business which continues to operate
the business facility in this state. Upon transfer or sale, the stuccessor shall acquire the
amount of credit that remains available under this article for each subsequent taxable year
and the taxpayer (transferor) shall not be required to redetermine the amount of credit
allowed in earlier years.

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