West Virginia Code § 11-13R-10

Failure to keep records of qualified research and development credit
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property.
A taxpayer who does not keep the records required for identification of qualified research
and development credit property, is subject to the following rules:
(1) A taxpayer is treated as having disposed of, during the taxable year, any qualified
research and development credit property which the taxpayer cannot establish was still on
hand and used in qualified research and development activity at the end of that year.
(2) If a taxpayer cannot establish when qualified research and deuvelopment credit property
reported for purposes of claiming this credit returned during the taxable year was placed in
service, the taxpayer is treated as having placed it in service in the most recent prior year in
which similar property was placed in service, unless the taxpayer can establish that the
property placed in service in the most recent year is still on hand and used in qualified
research and development activity at the end of that year. In that event, the taxpayer will be
treated as having placed the returned property in slervice in the next most recent year.

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