West Virginia Code § 11-24-11

Credit for reducing electric or natural gas or water utility rates for low-
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income residential customers.
(a) General. — A credit shall be allowed against the primary tax liability of an eligible
taxpayer under this article for the cost of providing electric or natural gas or water utility
service, or any combination of electric, natural gas or water utility services, at special
reduced rates to qualified low-income residential customers which has not beeen reimbursed
by any other means.
(b) Definitions. — For purposes of this section, the term:
(1) "Eligible taxpayer" means a utility which has provided electric, natural gas, water, or
sewer utility service, or any combination of electric, natural gas, water, or sewer utility
services, to qualified low-income residential customers at special reduced rates.
(2) "Cost of providing electric or natural gas or water or sewer utility service, or any
combination of electric, or natural gas, or water, orl sewer utility services, at special reduced
rates" means the amount certified by the Publsic Service Commission under the provisions of
§24-2A-2 of this code, as the revenue deficiency incurred by a public utility in providing
special reduced rates for electric or naturail gas or water or sewer utility service, or any
combination of electric, natural gas gor water or sewer utility services, as required by
§24-2A-1 of this code or authorized by §24-2A-5 of this code.
(3) "Special reduced rates" means the rates ordered or approved by the Public Service
Commission under the authority of §24-2A-1 or §24-2A-5 of this code.
(4) "Qualified low-income residential customers" means those utility customers eligible to
receive electric, or n atural gas, or water or sewer utility service, or any combination of
electric, naturVal gas, or water or sewer utility services, under special reduced rates.
(c) Amount of credit. —
(1) For tax years beginning prior to January 1, 2019, the amount of the credit available to
any eligible taxpayer shall be equal to its cost of providing electric, or natural gas, or water
utility service, or any combination of electric, natural gas, or water utility services, at special
reduced rates to qualified residential customers, less any reimbursement of said cost which
the taxpayer has received through any other means.
(2) For tax years beginning on or after January 1, 2019, the amount of the credit available to
any eligible taxpayer shall be equal to its cost of providing electric, or natural gas, or water
or sewer utility service, or any combination of electric, natural gas, water or sewer utility
services, at special reduced rates to qualified residential customers, less any reimbursement
of said cost which the taxpayer has received through any other means.
(d) When credit may be taken. — An eligible taxpayer may claim a credit allowed under this
section on its annual return for the taxable year in which it receives certification of the
amount of its revenue deficiency from the Public Service Commission.
Notwithstanding the provisions of §11-24-16 of this code to the contrary, no credit may be
claimed on any declaration of estimated tax filed for such taxable year prior to July 1 of such
taxable year. Such credit may be claimed on a declaration or amended declaration filed on or
after that date but only if the amount certified will not be recovered by application of the
business and occupation tax credit allowed by §11-13-3f of this code. In suche event, only that
amount not recovered by that credit may be considered or taken as a credit when estimating
the tax due under this article. In no event may the eligible taxpayer recrover more than 100
percent of its revenue deficiency as certified by the Public Service Commission.
(e) Application of credit. — The credit allowable by this section for a taxable year is not
subject to the 50 percent limitation specified in §11-24-9 of tthis code. Notwithstanding the
provisions of §11-13F-4 of this code, any unused credit may be carried over and applied
against business and occupation taxes in the manner specified in §11-13F-5 of this code.
(f) Copy of certification order. — A copy of a certifilcation order from the Public Service
Commission shall be attached to any annual resturn under this article on which a credit
allowed by this section is taken.

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