West Virginia Code § 11-13M-5

Application of annual credit allowance
Open in Lexace · Ask the AI about this section
(a) Application of credit against business franchise tax. -- The amount of credit allowed
under section four of this article shall first be applied against the eligible taxpayer's liability
for the tax imposed by article twenty-three of this chapter that is attributable to a new
consumer-ready wood product manufacturing facility located in this state and to a new
consumer-ready wood product production line at an existing manufacturinge facility located
in this state.
(b) Application of remaining credit against income tax. -- After application of the allowable
credit against the tax imposed by article twenty-three of this chaupter, as provided in
subsection (a) of this section, any remaining credit may be applied against the taxes imposed
by article twenty-one or twenty-four of this chapter to the exttent those taxes are attributable
to a new consumer-ready wood product manufacturing facility located in this state and to a
new consumer-ready wood product production line at an existing manufacturing facility
located in this state: Provided, That no credit shall be allowed against employer withholding
taxes due under article twenty-one of this chapter.
(c) Excess credit forfeited. -- If after application of subsections (a) and (b) of this section, any
credit remains for the taxable year, the amount remaining and not used is forfeited. Unused
credit may not be carried back to angy prior taxable year and shall not carry forward to any
subsequent taxable year.
(d) Application of this credit when other credits apply. -- The credit allowed under this article
shall be applied after application of all other applicable tax credits allowed for the taxable
year against the taxes imposed by article twenty-one, twenty-three or twenty-four of this
chapter.
(e) Completion of annual schedule to assert credit. -- To assert this credit against tax, the
eligible taxpayer shall prepare and file with the annual tax return filed under article twenty-
oneW, twenty-three or twenty-four of this chapter, an annual schedule showing the amount of
tax paid for the taxable year, and the amount of credit allowed under this article. This annual
schedule shall set forth the information and be in the form prescribed by the Tax
Commissioner.
(f) Payments of estimated tax. -- A taxpayer may consider the amount of credit allowed under
this article when determining the taxpayer's liability under articles twenty-one, twenty-three
and twenty-four of this chapter for periodic payments of estimated tax for the taxable year,
in accordance with the procedures and requirements prescribed by the Tax Commissioner.
The annual total tax liability and total tax credit allowed under this article are subject to
adjustment and reconciliation pursuant to the filing of the annual schedule required by
subsection (e) of this section.

‹ 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.