West Virginia Code § 11-13R-7

Forfeiture of unused tax credits; redetermination of credit allowed
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(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 of this
article; or
(2) Ceases to be used in a qualified research and development activity of the taxpayer in this
state prior to the end of its useful life, as determined under section four of this article, then
the unused portion of the credit allowed for such property is forfueited for the taxable year
and all ensuing years. 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 section four of this article, to correspond with the percentage of cost
allowable for the period of time that the property was actually used in the qualified research
and development activity of the taxpayer. The taxplayer shall then file a reconciliation
statement with its annual return filed under asrticle twenty-three of this chapter, 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.

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