West Virginia Code § 11-13D-6

Forfeiture of unused tax credits, redetermination of credit required
Open in Lexace · Ask the AI about this section
(a) Disposition of property or cessation of use. -- If during any taxable year, property with
respect to which a tax credit has been allowed under this article:
(1) Is disposed of prior to the end of its useful life, as determined under section four, five,
five-a or five-b of this article; or
(2) Ceases to be used in the new or expanded or revitalized industrial business, or in the
eligible research and development project, or in the qualified housing development project,
or in a management information services facility of the taxpayer uin this state prior to the end
of its useful life, as determined under said section four, five, five-a or five-b, 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 section four, five-a or five-b, to lcorrespond with the percentage of cost
allowable for the period of time that the propesrty was actually used in this state in the
industrial business or management information services business of the taxpayer. The
taxpayer shall then file a reconciliation statement with its annual business franchise tax
return for the year in which the forfgeiture 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: Providede, That on and after July 1, 1987, the phrase "taxes imposed by
article twelve-a or thirteen, or both, of this chapter" shall mean "taxes imposed by articles
thirteen, thirteen-a and Ltwenty-three of this chapter or any one or combination of such
articles of this chapter".
(b) Cessation of operation of industrial facility or eligible research and development project,
qualified housing development project or management information services facility. -- If
during any taxable year, the taxpayer ceases operation of an industrial facility or a
manWagement information services facility in this state, or of an eligible research and
development project, or a qualified housing development project, for which credit was
allowed under this article, or article thirteen-c of this chapter prior to its repeal, before
expiration of the useful life of the property with respect to which tax credit has been allowed
under this article or article thirteen-c of this chapter prior to its repeal, then the unused
portion of the allowed credit shall be forfeited for the taxable year and all ensuing years.
Additionally, except when the cessation is due to fire, flood, storm or other casualty, the
taxpayer shall redetermine the amount of credit allowed in earlier years by reducing the
applicable percentage of cost of such property allowed under section four, five, five-a or five-
b, to correspond with the percentage of cost allowable for the period of time that the
property was actually used in this state in the industrial business or management
information services business of the taxpayer. The taxpayer shall then file a reconciliation
statement with its annual business franchise 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: Provided, That on and after
July 1, 1987, the phrase "taxes imposed by article twelve-a or thirteen, or both, of this
chapter" shall mean "taxes imposed by articles thirteen, thirteen-a and twenty-three of this
chapter, or any one or combination of such articles of this chapter".

‹ 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.