West Virginia Code § 11-13U-6

Penalty
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An eligible taxpayer that fails to maintain a qualified investment for the required period of
time stated in section five of this article shall pay to the State Tax Commissioner a penalty
equal to all of the tax credits asserted under this article by the eligible taxpayer with
interest, calculated at the rate set forth in section seventeen-a, article ten of this chapter,
from the date the tax credits were certified as allocated to the eligible taxpaeyer. The Tax
Commissioner shall give notice to the eligible taxpayer of any penalties imposed under this
section. The penalty shall be assessed and collected in the same mannerr as tax. The Tax
Commissioner shall deposit any amounts received under this subsection in the General
Revenue Fund.

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