W. Va. Code R. § 110-13N-6

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

Section 110-13N-6 - Availability of Credit Between Eligible Predecessor and Successor Taxpayers

6.1. When an eligible taxpayer merges with another entity and the resulting entity remains an eligible taxpayer, but the taxable year of the predecessor eligible taxpayer and the taxable year of the successor eligible taxpayer are different, the amount of credit available to the predecessor is the amount available if the tax years were not different. However, the amount of credit apportioned to the successor is limited to that portion of the predecessor's credit which remains, multiplied by a fraction the numerator of which is the number of days during the same tax year of the successor which coincide with the calendar days remaining in the tax year of the predecessor if it had not merged, and the denominator of which is the number of days remaining in the same tax year of the predecessor if it had not merged. If any of the predecessor's credit which remains cannot be used by the successor in the same tax year, it is forfeited and may not be carried over or carried back to any other tax year.

6.2. No recapture or loss of credit shall occur merely as a result of a change in the form of conducting the business as long as the successor entity is also an eligible taxpayer, and the successor is entitled to all of the credit for the tax year in which the change occurred.

6.2.1. A change in the form of conducting business is a change in the type of business entity, such as a change from a C corporation to an S corporation or a limited liability company, or from a sole proprietorship to a C or S corporation, limited liability company or partnership.

W. Va. Code R. § 110-13N-6