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Chapter 11     Entire Code
‹ Chapter 10  |  Chapter 11A › Printer Friendly Versions
Chapter 11  |  Article 11 - 13G  |  Section 3

1 - SUPERVISION

1A - APPRAISAL OF PROPERTY

1B - ADDITIONAL REVIEW OF PROPERTY

1C - FAIR AND EQUITABLE PROPERTY VA

2 - ASSESSORS

3 - ASSESSMENTS GENERALLY

4 - ASSESSMENT OF REAL PROPERTY

5 - ASSESSMENT OF PERSONAL PROPERTY

6 - ASSESSMENT OF PUBLIC SERVICE BU

6A - POLLUTION CONTROL FACILITIES T

6B - HOMESTEAD PROPERTY TAX EXEMPTI

6C - SPECIAL METHOD FOR APPRAISING

6D - ALTERNATIVE-FUEL MOTOR VEHICLE

6E - SPECIAL METHOD FOR VALUATION O

6F - SPECIAL METHOD FOR APPRAISING

6G - ASSESSMENT OF INTERSTATE PUBLI

6H - VALUATION OF SPECIAL AIRCRAFT

6I - SENIOR CITIZEN PROPERTY TAX PA

6J - SPECIAL METHOD FOR VALUATION O

6K - ASSESSMENT OF INDUSTRIAL PROPE

7 - CAPITATION TAXES

7D - VOLUNTARY TRANSFER FROM TEACHE

8 - LEVIES

8A - COUNTY-WIDE LEVY FOR DISTRICT

9 - CRIMES AND PENALTIES

10 - WEST VIRGINIA TAX PROCEDURE A

10A - WEST VIRGINIA OFFICE OF TAX

10B - TAX PENALTY AND ADDITIONS TO

10C - BENEFITS-FUNDED PURCHASING

10D - TAX AMNESTY PROGRAM

10E - TAX SHELTER VOLUNTARY COMPLI

11 - ESTATE TAXES

11A - INTERSTATE COMPROMISE OF INH

11B - INTERSTATE ARBITRATION OF IN

12 - BUSINESS REGISTRATION TAX

12A - ANNUAL TAX ON INCOMES OF CER

12B - MINIMUM SEVERANCE TAX ON COA

12C - CORPORATE LICENSE TAX

12D - ESTABLISHMENT OF OFFICE OF B

13 - BUSINESS AND OCCUPATION TAX

13A - SEVERANCE AND BUSINESS PRIVI

13AA - COMMERCIAL PATENT INCENTIVE

13B - TELECOMMUNICATIONS TAX

13BB - WEST VIRGINIA INNOVATIVE M

13C - BUSINESS INVESTMENT AND JOBS

13CC - ENERGY INTENSIVE INDUSTRIAL

13D - TAX CREDITS FOR INDUSTRIAL E

13E - BUSINESS AND OCCUPATION TAX

13F - BUSINESS AND OCCUPATION TAX

13G - TAX CREDIT FOR REDUCING TELE
    11 - 13 G- 1
    11 - 13 G- 2
    11 - 13 G- 3
    11 - 13 G- 4
    11 - 13 G- 5

13H - BUSINESS AND OCCUPATION TAX

13I. TAX CREDIT FOR EMPLOYING FORM

13J - NEIGHBORHOOD INVESTMENT PROG

13K - TAX CREDIT FOR AGRICULTURAL

13L - THE NATURAL GAS INDUSTRY JOB

13M - TAX CREDIT FOR NEW VALUE-ADD

13N - TAX CREDIT FOR NEW STEEL MAN

13O - TAX CREDIT FOR NEW ALUMINUM

13P - TAX CREDIT FOR MEDICAL LIABI

13Q - ECONOMIC OPPORTUNITY TAX CRE

13R - STRATEGIC RESEARCH AND DEVEL

13S - MANUFACTURING INVESTMENT TAX

13T - TAX CREDIT FOR COMBINED CLAI

13U - HIGH-GROWTH BUSINESS INVESTM

13V - WORKERS' COMPENSATION DEBT R

13W - APPRENTICESHIP TRAINING TAX

13X - WEST VIRGINIA FILM INDUSTRY

13Y THE WEST VIRGINIA MANUFACTURI

13Y - THE WEST VIRGINIA MANUFACTUR

13Z - RESIDENTIAL SOLAR ENERGY TAX

14 - GASOLINE AND SPECIAL FUEL EXC

14A - MOTOR CARRIER ROAD TAX

14B - INTERSTATE FUEL TAX AGREEMEN

14C - MOTOR FUEL EXCISE TAX

15 - CONSUMERS SALES AND SERVICE T

15A - USE TAX

15B - STREAMLINED SALES AND USE TA

16 - NONINTOXICATING BEER

17 - TOBACCO PRODUCTS EXCISE TAX A

18 - EXCISE TAX ON USE, CONSUMPTIO

19 - SOFT DRINKS TAX

20 - RECIPROCAL ENFORCEMENT

21 - PERSONAL INCOME TAX

22 - EXCISE TAX ON PRIVILEGE OF TR

23 - BUSINESS FRANCHISE TAX

24 - CORPORATION NET INCOME TAX

25 - TAX RELIEF FOR ELDERLY HOMEOW

26 - HEALTH CARE PROVIDER MEDICAID

27 - HEALTH CARE PROVIDER TAXES

WVC 11 - CHAPTER 11. TAXATION.
WVC 11 - 13 G- ARTICLE 13G. TAX CREDIT FOR REDUCING TELEPHONE UTILITY RATES FOR CERTAIN LOW-INCOME RESIDENTIAL CUSTOMERS.

WVC 11 - 13 G- 1 §11-13G-1. Legislative purpose.

In order to reimburse telephone utilities for the revenue deficiencies which they incur in providing telephone service at special reduced rates to certain low-income residential customers in accordance with the provisions of article two-c, chapter twenty-four of this code, there is hereby provided a tax credit for providing telephone service at special rates to qualified low-income residential customers.

WVC 11 - 13 G- 2 §11-13G-2. Definitions.

(a) Any term used in this article shall have the same meaning as when used in a comparable context in articles twelve-a and thirteen-b of this chapter, unless a different meaning is clearly required by the context in which it is used or by definition in this article.

(b) As used in this article, the term:

(1) "Eligible taxpayer" means a utility which has provided telephone service to qualified low-income residential customers at special reduced rates.

(2) "Cost of providing telephone service at special reduced rates" means the amount certified by the public service commission under the provisions of section two, article two-c, chapter twenty-four of this code as the revenue deficiency incurred by a telephone utility in providing telephone service at special reduced rates as required by section one, article two-c, chapter twenty-four of this code.

(3) "Special reduced rates" means the rates ordered by the public service commission under the authority of section one, article two-c, chapter twenty-four of this code.

(4) "Qualified low-income residential customers" means customers eligible to receive telephone service at special reduced rates.

WVC 11 - 13 G- 3 §11-13G-3. Amount of credit.

There shall be allowed to any eligible taxpayer a credit against the carrier income tax imposed by article twelve-a of this chapter or telecommunications tax imposed by article thirteen-b of this chapter, whichever such tax may be imposed upon the eligible taxpayer, for providing telephone service at special reduced rates to qualified low-income residential customers. The amount of the credit available to any eligible taxpayer shall be equal to its cost of providing telephone service at special reduced rates to qualified low-income residential customers less any reimbursement of such cost which the taxpayer has received through other means.

WVC 11 - 13 G- 4 §11-13G-4. When credit may be taken.

An eligible taxpayer may claim a credit allowed under section three of this article against its tax liability for the taxable year for which it receives certification of the amount of its revenue deficiency from the public service commission.

WVC 11 - 13 G- 5 §11-13G-5. Application of credit.

(a) Any unused portion of a credit allowed under this article may be taken as a credit against corporation net income taxes due for the taxable year as provided in section eleven-a, article twenty-four of this chapter.

(b) If any portion of the amount certified as the eligible taxpayer's revenue deficiency by the public service commission is not recovered under subsection (a) hereof, the unrecovered amount may be carried over to the subsequent year as a tax credit as allowed by section three of this article and shall be applied as a credit before any other credits for that year are applied.

(c) In no event shall an eligible taxpayer be allowed to recover more than one hundred percent of its certified revenue deficiency.

Note: WV Code updated with legislation passed through the 2012 1st Special Session

Recent legislation affecting the Code

Citation Year/Session Short Title
§11 - 16 - 3 - (Amended Code)
§11 - 16 - 8 - (Amended Code)
SENATE BILL - 172
PASSED - Regular Session

SB172 SUB1 ENR  (Uploaded - 05/07/2013)
Relating to nonintoxicating beer distributor licensees
§11 - 24 - 3 - (Amended Code)
SENATE BILL - 183
PASSED - Regular Session

SB183 ENR  (Uploaded - 05/07/2013)
Updating terms in Corporation Net Income Tax Act
§11 - 6 D- 1 - (Amended Code)
§11 - 6 D- 2 - (Amended Code)
§11 - 6 D- 3 - (Amended Code)
§11 - 6 D- 4 - (Amended Code)
§11 - 6 D- 5 - (Amended Code)
§11 - 6 D- 6 - (Amended Code)
§11 - 6 D- 7 - (Amended Code)
§11 - 6 D- 9 - (Amended Code)
SENATE BILL - 185
PASSED - Regular Session

SB185 SUB2 ENR  (Uploaded - 05/07/2013)
Relating to alternative-fuel motor vehicles and qualified refueling infrastructure tax credits
§11 - 27 - 38 - (Amended Code)
SENATE BILL - 195
PASSED - Regular Session

SB195 SUB1 ENR  (Uploaded - 05/07/2013)
Modifying tax rate expiration date on eligible acute care hospitals
§11 - 10 - 5 S - (Amended Code)
SENATE BILL - 440
PASSED - Regular Session

SB440 SUB1 ENR  (Uploaded - 05/07/2013)
Relating to disclosure of specified tax information for enforcement of Tobacco Master Settlement Agreement
§11 - 10 - 12 - (Amended Code)
SENATE BILL - 441
PASSED - Regular Session

SB441 ENR  (Uploaded - 05/07/2013)
Relating to withdrawal of erroneous state tax liens
§11 - 10 - 5BB - (New Code)
SENATE BILL - 445
PASSED - Regular Session

SB445 SUB1 ENR  (Uploaded - 05/07/2013)
Allowing Tax Commissioner divert lottery prizes to offset tax liabilities of lottery winners
§11 - 14 B- 14 - (Amended Code)
SENATE BILL - 446
PASSED - Regular Session

SB446 ENR  (Uploaded - 05/07/2013)
Conforming motor fuel taxes with International Fuel Tax Agreement
§11 - 14 C- 2 - (Amended Code)
§11 - 14 C- 5 - (Amended Code)
§11 - 14 C- 6 A - (New Code)
§11 - 14 C- 9 - (Amended Code)
§11 - 14 C- 10 - (Amended Code)
§11 - 14 C- 13 - (Amended Code)
§11 - 14 C- 19 - (Amended Code)
§11 - 15 - 18 B - (Amended Code)
§11 - 15 A- 13 A - (Amended Code)
SENATE BILL - 454
PASSED - Regular Session

SB454 SUB2 ENR  (Uploaded - 05/07/2013)
Relating to taxation of alternative motor fuels
§11 - 21 - 12 E - (Amended Code)
SENATE BILL - 460
PASSED - Regular Session

SB460 ENR  (Uploaded - 05/07/2013)
Exempting certain residents' active duty military pay from state income tax
§11 - 16 - 24 - (Amended Code)
SENATE BILL - 498
PASSED - Regular Session

SB498 SUB2 ENR  (Uploaded - 05/07/2013)
Relating to hearing location for Alcohol Beverage Control Administration's appeal hearings
§11 - 13 A- 22 - (New Code)
SENATE BILL - 638
PASSED - Regular Session

SB638 SUB1 ENR  (Uploaded - 05/07/2013)
Terminating certain severance tax exemption for production of natural gas or oil
§11 - 13 X- 5 - (Amended Code)
HOUSE BILL - 2514
PASSED - Regular Session

HB2514 SUB ENR  (Uploaded - 05/07/2013)
Lowering the total amount of tax credits available under the Film Industry Investment Act
§11 - 21 - 9 - (Amended Code)
HOUSE BILL - 2516
PASSED - Regular Session

hb2516 ENR  (Uploaded - 05/07/2013)
Updating the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act
§11 - 24 - 43 A - (Amended Code)
HOUSE BILL - 2519
PASSED - Regular Session

HB2519 SUB ENR  (Uploaded - 05/07/2013)
Relating to reallocation and repatriation of certain funds to the General Revenue Fund
§11 - 3 - 15 C - (Amended Code)
§11 - 3 - 15 D - (Amended Code)
HOUSE BILL - 2585
PASSED - Regular Session

HB2585 SUB ENR  (Uploaded - 05/07/2013)
Increasing the time to file a petition in response to notice of an increased assessment
§11 - 15 A- 1 - (Amended Code)
HOUSE BILL - 2754
PASSED - Regular Session

HB2754 SUB ENR  (Uploaded - 05/07/2013)
Relating to further defining a retailer engaging in business in this state for purposes of sales and use taxes
§11 - 10 - 26 - (New Code)
HOUSE BILL - 2913
PASSED - Regular Session

HB2913 SUB ENR  (Uploaded - 05/07/2013)
Specifying procedures for adjusting payments to correct for an erroneous distribution of moneys dedicated, distributed or directed to a state or local governmental subdivision
§11 - 16 - 3 - (Amended Code)
§11 - 16 - 6 - (Amended Code)
HOUSE BILL - 2956
PASSED - Regular Session

hb2956 ENR  (Uploaded - 05/07/2013)
Relating to resident brewers and brewpubs
§11 - 13BB- 3 - (Amended Code)
HOUSE BILL - 3043
PASSED - Regular Session

hb3043 ENR  (Uploaded - 05/07/2013)
Including methane monitoring equipment as eligible safety equipment for tax credit purposes
§11 - 16 - 9 - (Amended Code)
HOUSE BILL - 3145
PASSED - Regular Session

HB3145 SUB ENR  (Uploaded - 05/07/2013)
Removing the existing maximum quantities of beer that retailers can sell for off premises
§11 - 10 - 11 C - (New Code)
HOUSE BILL - 105
PASSED - 1st Special Session

HB105 ENR  (Uploaded - 05/07/2013)
Rule-making authority relating to administration, collection and enforcement of local sales, use and excise taxes by Tax Commissioner
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