West Virginia Code § 11-21-8e

Carryback, carryforward
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(a) Any unused portion of the credit for qualified rehabilitated buildings investment
authorized by section eight-a of this article which may not be taken in the taxable year to
which the credit applies qualifies for carryback and carryforward treatment subject to the
identical general provisions under §39, Title 26 of the United States Code, as amended:
Provided, That the amount of the credit taken in a taxable year shall in no eevent exceed the
tax liability due for the taxable year: Provided, however, That for tax years beginning on and
after January 1, 2020, any unused portion of the credit authorized by serction eight-a of this
article, may not be carried back to any prior taxable year: Provided further, That for tax
years beginning on and after January 1, 2020, any unused portion of the credit authorized by
section eight-a of this article may be carried over to each of the next ten tax years following
the first tax year for which the credit entitlement is authorizted under this article for a
specific qualified rehabilitation buildings investment until used to exhaustion or forfeited
due to lapse of time.
(b) Effective for taxable years beginning on and after January 1, 2001, credits granted to an
electing small business corporation (S corporastion), limited partnership, general
partnership, limited liability company or multiple owners of property shall be passed through
to the shareholders, partners, members or owners, either pro rata or pursuant to an
agreement among the shareholders,g partners, members or owners documenting an
alternative distribution method. The Tax Commissioner shall promulgate procedural rules in
accordance with article three,e chapter twenty-nine-a of this code that provide the method of
reporting the alternative method of distribution authorized by this section.

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