W. Va. Code R. § 110-13N-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-13N-2 - Definitions

The following terms defined in section two of W. Va. Code ''11-13N and 13O are explained, illustrated or clarified by the subsections immediately below them:

2.1. AAffiliate@ means and includes all persons, as defined in this section, which are affiliates of each other, when either directly or indirectly:

(A) One person controls or has the power to control the other, or

(B) A third party or third parties control or have the power to control two persons, the two thus being affiliates. In determining whether concerns are independently owned and operated and whether or not an affiliation exists, consideration shall be given to all appropriate factors, including common ownership, common management and contractual relationships.

2.1.1. The term "affiliate" includes a member of an affiliated group.

2.2. ACorporation@ includes any corporation, a joint-stock company and any association or other organization which is classified as a corporation under federal income tax law.

2.2.1. The term "corporation" includes a limited liability company if it is taxable as a corporation under federal income tax law.

2.3. AFull-time employee@ means a permanent hourly employee of an eligible taxpayer who is a West Virginia domiciled resident, and works in a new value-added steel product manufacturing facility in this state, or in a new value-added steel product line of an existing manufacturing facility in this state, more than eighteen hundred hours during the entire twelve-month period ending on the last day of the taxable year of the eligible employer, whether these hours are hours worked at the manufacturing facility, or include hours of employer paid vacation leave or other employer paid leave. Full-time employee does not include an employee who is a part-time, seasonal or temporary employee.

2.3.1. No combination of part-time, seasonal or temporary employees may be considered equivalent to a full-time employee.

2.3.2. No person who is not an employee (such as an independent contractor) may be considered a full-time employee.

2.3.3. An employee who moves to West Virginia in order to become a West Virginia domiciled resident in order to fill a new job may be counted as a full-time employee if he or she otherwise qualifies as a full-time employee.

2.4. APartnership@ means and includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on, which is classified as a partnership for federal income tax purposes for the taxable year.

2.4.1. The term "partnership" may include a limited liability company if it is not taxable as a corporation under federal income tax law.

2.5. ATax year or taxable year@ means the tax year of the taxpayer for federal income tax purposes.

2.5.1. The term "tax year" includes a short tax year by an eligible taxpayer during its first year of operation.

W. Va. Code R. § 110-13N-2