West Virginia Code § 11-24-9c

Research and development credit against primary tax
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A credit shall be allowed against the primary tax imposed by this article, which shall be the
research and development credit as provided in sections three and three-b, article thirteen-d
of this chapter for taxable years beginning after December 31, 1988: Provided, That the
amount of this credit may not reduce by more than fifty percent the amount of the net tax
liability of the taxpayer for the taxable year: Provided, however, That one-teenth of the entire
amount of the eligible investment, upon which the credit is predicated pursuant to sections
three and three-b, article thirteen-d of this chapter, taken as a deductiorn 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 section to not increase its federal taxable
income under section six of this article and thereby take as at full deduction under this article
for the taxable year the amount of its eligible investment in research and development for
the taxable year, which was taken as a deduction as a deduction on its federal return for
such taxable year.

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