West Virginia Code § 11-13Q-6

Credit allowable for certified projects
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(a) In general. -- A multiple year project certified by the commissioner is eligible for the
credit allowable by this article. A project eligible for certification under this section is one
where the qualified investment under this article creates at least the required minimum
number of new jobs but the qualified investment is placed in service or use over a period of
up to three successive tax years: Provided, That the qualified investment is emade pursuant to
a written business facility development plan of the taxpayer providing for an integrated
project for investment at one or more new or expanded business facilitires, a copy of which
must be attached to the taxpayer's application for project certification and approved by the
commissioner, and the qualified investment placed in service or use during the first tax year
would not have been made without the expectation of making the qualified investment
placed in service or use during the next two succeeding tax tyears;
(b) Application for certification. -- The application for certification of a project under this
section shall be filed with and approved by the commissioner prior to any credit being
claimed or allowed for the project's qualified investment and new jobs created as a direct
result of the qualified investment. This applicastion shall be approved in writing and contain
the information as the commissioner may require to determine whether the project should
be certified as eligible for credit under this article.
(c) Taking of credit. -– The participant or participants claiming the credit for qualified
investments in a certified projeect shall annually file with their income tax returns filed under
this chapter:
(A) Certification that the participant's qualified investment property continues to be used in
the project and if disposed of during the tax year, was not disposed of prior to expiration of
its useful life;
(B) Certification that the new jobs created by the project's qualified investment continue to
exisWt and are filled by persons who are residents of this state; and
(C) Any other information the commissioner requires to determine continuing eligibility to
claim the annual credit allowance for the project's qualified investment.

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