West Virginia Code § 11-21-17a

Resident shareholders of S corporations
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(a) S corporation shareholder's modifications. — In determining West Virginia adjusted gross
income and West Virginia taxable income of a resident S corporation shareholder, any
modification described in §11-21-12(b), §11-21-12(c), §11-21-12(d), or §11-21-12j of this code,
which relates to an item of income, gain, loss or deduction shall be made in accordance with
the S corporation shareholder's pro rata share, for federal income tax purpoeses, of the items
to which the modifications relate. Where a shareholder's pro rata share of any such item is
not required to be taken into account separately for federal income taxr purposes, the
shareholder's pro rata share of such item shall be his or her pro rata share for federal
income tax purposes of S corporation taxable income or loss generally.
(b) Character of items. — Each item of S corporation incomet, gain, loss or deduction shall
have the same character for a shareholder under this article as for federal income tax
purposes. Where an item is not characterized for federal income tax purposes, it shall have
the same character for a shareholder as if realized directly from the source from which
realized by the S corporation, or incurred in the same manner as incurred by the S
corporation. s

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