West Virginia Code § 11-13X-7

Application of credit to state taxes
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(a) Credit allowed. -–
Beginning in the taxable year that the expenditures permitted under section four of this
article are incurred, eligible companies and owners of eligible companies, as described in
subsection (d) of this section, are permitted a credit, as described in section five of this
article, against the taxes imposed by articles twenty-four and twenty-one of this chapter, in
that order, as specified in this section.
(b) Corporation net income taxes. -– u
After application of subsection (b) of this section, any unused credit is next applied to reduce
the taxes imposed by article twenty-four of this chapter for the taxable year, determined
before application of allowable credits against tax. a
(c) Personal income tax. -– l
(1) If the eligible taxpayer is an electing small business corporation (as defined in Section
1361 of the United States Internal Revenue Code of 1986, as amended), a partnership, a
limited liability company that is treated as a partnership for federal income tax purposes or a
sole proprietorship, then any unused credit, after application of subsections (b) and (c) of
this subsection, is allowed as a credit against the taxes imposed by article twenty-one of this
chapter on the income from business or other activity subject to tax under article twenty-
three of this chapter or on income of a sole proprietor attributable to the business.
(2) Electing small business corporations, limited liability companies, partnerships and other
unincorporated orga nizations shall allocate the credit allowed by this article among its
members in thVe same manner as profits and losses are allocated for the taxable year.

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