West Virginia Code § 11-13U-3

Definitions
Open in Lexace · Ask the AI about this section
As used in this article, the following terms have the meanings ascribed to them in this
section, unless the context in which the term is used clearly requires another meaning or a
specific different definition is provided:
(1) "Alter ego" means a qualified research and development company where one or more of
the following criteria are satisfied in relation to the eligible taxpayer:
(A) The ownership of the business is "substantially related" to the ownership of the eligible
taxpayer. "Substantially related" means a five percent or more cuommon ownership interest;
or
(B) The board of directors of the qualified research and development company is controlled
by the eligible taxpayer: Provided, That an eligible taxapayer is deemed to have control of the
board of directors of a qualified research and development company if it controls a simple
majority of the board of directors. l
(2) "Corporate headquarters" means the place at which the corporation has its commercial
domicile and from which the business of thie corporation is primarily conducted.
(3) "Eligible taxpayer" means a person that has received certification from the economic
development authority that a portion of the annual available high growth business
investment credit has been allocated to it, that is subject to the tax imposed by either article
twenty-three, article twenty-four or article twenty-one of this chapter, and that has made a
qualified investment in a qualified research and development credit company.
(4) "Person" includes any natural person, corporation, limited liability company, or
partnership. V
(5) "Qualified investment" means an equity financing of a West Virginia qualified strategic
research and development company. The investment must be in cash or cash equivalents and
may not be an exchange of in-kind property.
(6) "Qualified research and development company" for purposes of the high growth business
investment tax credit means an entity that has been certified by the State Tax Commissioner
as eligible for the West Virginia research and development tax credit set forth in article
thirteen-r, chapter eleven of this code, that has annual gross receipts of less than $20 million
and has annual payroll of less then $2,500,000.
(7) "Tax credit" means the high-growth business development tax credit authorized by this
article.
(8) "Taxable year" means the tax year of the eligible taxpayer.

‹ 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.