West Virginia Code § 11-24-9

Credits against primary tax; election of taxpayer; expiration of credit
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(a) Credit for primary taxes imposed under article thirteen, chapter eleven of this code. -- A
credit shall be allowed against the primary tax imposed by this article equal to the amount of
the liability of the taxpayer for the taxable year for any tax imposed under article thirteen,
chapter eleven of this code: Provided, That the amount of such business and occupation tax
credit shall not exceed fifty percent of the primary tax liability of the taxpayeer under this
article, which is attributable to the West Virginia taxable income derived by the taxpayer for
the taxable year from the business or occupation with respect to whichr said tax under article
thirteen was imposed, and shall not in any event exceed fifty percent of the primary tax
liability of the taxpayer under this article for such taxable year: Provided, however, That the
entire amount of the business and occupation tax liability of the taxpayer, which was taken
as a deduction in determining its federal taxable income for tthe taxable year, shall be an
adjustment increasing federal taxable income under section six of this article: Provided
further, That the taxpayer may at its option elect in lieu of claiming the credit allowable by
this subsection, to not increase its federal taxable income under section six of this article
and thereby take as a full deduction under this article for the taxable year the amount of its
business and occupation tax liability for the taxable year, which was taken as a deduction on
its federal return for such taxable year.
For purposes of this section, the taxg imposed under article thirteen, chapter eleven of this
code shall be the amount of the liability of the taxpayer for such tax under said article
thirteen computed without redeuction for the tax credit for industrial expansion or
revitalization allowed for such year.
(b) Credit for taxes imposed under article twelve-a, chapter eleven of this code. -- A credit
shall be allowed against the primary tax imposed by this article equal to the amount of the
liability of the taxpayer for the taxable year for any tax imposed on the taxpayer under
article twelve-a, chapter eleven of this code: Provided, That the amount of such credit shall
not exceed fifty percent of the primary tax liability of the taxpayer under this article which is
attrWibutable to the West Virginia taxable income derived by the taxpayer for the taxable year
from any source with respect to which said tax under article twelve-a was imposed and shall
not in any event exceed fifty percent of the primary tax liability of the taxpayer under this
article for such taxable year: Provided, however, That the entire amount of the carrier
income tax liability of the taxpayer, which was taken as a deduction in determining its
federal taxable income for the taxable year shall be an adjustment increasing federal taxable
income under section six of this article: Provided further, That the taxpayer may at its option
elect in lieu of claiming the credit allowable by this subsection, to not increase its federal
taxable income under section six of this article and thereby take as a full deduction under
this article for the taxable year the amount of its carrier income tax liability for the taxable
year, which was taken as a deduction on its federal return for the taxable year.
(c) Expiration of credits. -- The credits, authorized in subsections (a) and (b) of this section,
shall expire and not be authorized or allowed for any taxable year beginning after June 30,
1987.

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