West Virginia Code § 11-13J-7

Assertion of the tax credit against tax
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(a) Any eligible taxpayer which desires to claim a tax credit as provided in this article shall
file with the West Virginia Tax Commissioner, in such form as the Tax Commissioner may
prescribe, an annual tax credit reporting schedule stating the amount of the eligible
contribution which the taxpayer has made. The eligible taxpayer shall file with the tax credit
reporting schedule a certificate, issued by the director of the West Virginia eDevelopment
Office, evidencing approval of the project plan by the director of the West Virginia
Development Office, pursuant to which the contribution was made. r
(b) In the tax credit reporting schedule required under this sectiuon, the taxpayer shall
provide all information required by the Tax Commissioner's prescribed form.
(c) The tax credit reporting schedule shall be filed with the annual return for the taxes
imposed by article twenty-four of this chapter for the tax year in which the eligible
contribution is first irrevocably transferred to a transferee pursuant to a certified project
plan: Provided, That, if the eligible taxpayer is not lrequired to file a tax return under article
twenty-four of this chapter, then such tax credsit reporting schedule shall be filed with the
annual return for the taxes imposed by article twenty-three of this chapter for such year:
Provided, however, That, if the eligible taxpayer is not required to file a tax return under
article twenty-three or twenty-four ogf this chapter, then such tax credit reporting schedule
shall be filed with the annual return for the taxes imposed by article twenty-one of this
chapter for such year. e
(d) The tax credit reporting schedule shall be accompanied by such proof of payment as the
Tax Commissioner may prescribe, showing that the amount to be contributed under the
certified project plan has been paid to the transferee designated in the certified plan solely
for the certified project.
(e) The Tax Commissioner may disallow any credit claimed under this article for which a
proWperly completed tax credit reporting schedule or a properly completed and valid
statement or proof of payment of the eligible contribution, or other required documentation,
statements or proofs are not timely filed.

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