West Virginia Code § 11-23-17b

Application of tax credits
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Except where otherwise provided, no tax credit earned by one member of the combined
group, but not fully used by or allowed to that member, may be used, in whole or in part, by
another member of the group or applied, in whole or in part, against the tax of another
member of the combined group; and a tax credit carried over into a subsequent year as to
the member that incurred it, and available as a credit to that member in a seubsequent year,
will be considered in the computation of the capital of that member in the subsequent year
regardless of the composition of that capital as apportioned, allocated orr wholly within this
state: Provided, That unused and unexpired economic development tax credits that were
earned during a tax year in which the taxpayer filed a consolidated return under this article
may, if otherwise allowed within the statutory limitations applicable to the tax credit, be
used, in whole or in part, or applied, in whole or in part, agatinst the taxes imposed by this
article on any member of the taxpayer's combined group to the extent the credits would have
been allowed had the taxpayer continued to file a consolidated return. For purposes of this
section the term economic development tax credit means and is limited to a tax credit
asserted on a tax return under article thirteen-c, thirteen-d, thirteen-e, thirteen-f, thirteen-g,
thirteen-j, thirteen-q, thirteen-r or thirteen-s of this chapter or under article one, chapter
five-e of this code.

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