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Chapter 11     Entire Code
‹ Chapter 10  |  Chapter 11A › Printer Friendly Versions
Chapter 11  |  Article 11 - 13I

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

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 I- 1 §11-13I-1. Legislative purpose.
The Legislature finds and declares that the Colin Anderson Center employees were good employees and performed a valuable service for the residents of the center, and the public comments regarding the closure of Colin Anderson indicated that the main objection to the closure was the care which the residents of Colin Anderson would receive elsewhere. In recognition of the expertise of these employees and their dedication to their duties and the people whom they cared for, the Legislature finds that it is in the best interests of the state to encourage the employment of those persons who are unemployed as a result of the closing of the Colin Anderson Center.

WVC 11 - 13 I- 2 §11-13I-2. Credit allowed; amount and duration of credit;

recapture of credit and effective date.
(a) There shall be allowed to eligible taxpayers a credit against the taxes imposed in articles twenty-one, twenty-three and twenty-four of this chapter. For the purpose of this article, "eligible taxpayer" means a person, firm, partnership, corporation or other entity who employs a person or persons who lost his or her job as a result of the closure of the Colin Anderson Center. Such credit shall be in an amount equal to one half of the cost to the state of unemployment compensation which shall be determined based on the unemployment compensation cost to the state of an employee who earns twenty-one thousand dollars per year and shall be further determined as if such person was unemployed for and drew a full sixteen weeks of unemployment benefits. In the event an eligible taxpayer employs more than one such person, the credit allowed shall be multiplied by the number of persons so employed.

(b) The credit set forth in this article shall apply to personal income tax liabilities, corporation net income tax liabilities and business franchise tax liabilities arising after the thirty-first day of December, one thousand nine hundred ninety-five. The credit established in this article shall expire and may not be claimed for those tax years ending after the thirty-first day of December, two thousand, and in order to claim this credit an eligible taxpayer shall have employed a person who lost his or her job after the thirty-first day of December, one thousand nine hundred ninety-five, as a result of the closing of Colin Anderson Center and must be employed after said date and prior to the thirty-first day of December, one thousand nine hundred ninety-nine.

(c) As a condition of receiving the credit established in this article, the eligible taxpayer shall employ the person or persons for a period of time at least equal to one year. In the event such person is employed for less than one year the credit herein shall be recaptured at the rate of twenty percent of the dollar value of the credit for each month under twelve months the person works.

WVC 11 - 13 I- 3 §11-13I-3. Application of credit; limitation of credit; tax

commissioner to promulgate forms and legislative rule; notice of credit.
(a) The credit allowed in this article shall be first applied to a taxpayer's business franchise tax liability, and then to either the taxpayer's personal income tax liability or corporation net income tax liability, as the case may be.

(b) The credit allowed in this article shall not exceed ten thousand dollars per year and shall not be refundable, nor carried forward nor backward to other tax years.

(c) The state tax commissioner shall promulgate legislative rules pursuant to chapter twenty-nine-a of this code regarding the applicability, method of claiming of the credit, recapture of the credit and documentation necessary to claim the credit herein allowed.

(d) The state tax commissioner shall develop a written notice setting forth the availability of this credit and shall transmit this notice to the department of health and human resources to be distributed to potential employers of the Colin Anderson Center to make such employers aware of the tax credit allowed herein. The department of health and human resources shall distribute notice of the credit allowed herein as widely as possible to potential employers.

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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