West Virginia Code § 11-13S-9

Failure to keep records of property purchased for manufacturing
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investment.
A taxpayer who does not keep the records required for property purchased for
manufacturing investment, is subject to the following rules:
(1) A taxpayer is treated as having disposed of, during the taxable year, any property
purchased for manufacturing investment which the taxpayer cannot establish was still on
hand and used in manufacturing activity in this state at the end of that year; and
(2) If a taxpayer cannot establish when property purchased for muanufacturing investment
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 manufacturing
activity at the end of that year. In that event, the taxpayer will be treated as having placed
the returned property in service in the next most relcent year.

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