W. Va. Code R. § 110-21D-8

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

Section 110-21D-8 - General Procedure and Administration

8.1. To claim this credit, a taxpayer shall comply with the provisions of W. Va. Code § 11-13Z-1 et seq. and this rule, and shall timely provide complete and accurate forms, schedules and other information required by the Tax Commissioner.

8.2. When applying for this credit, a taxpayer is also subject to the provisions of W. Va. Code § 11-21-1 et seq. (Personal Income Tax) and rules issued pursuant to those statutes, as well as to the provisions of W. Va. Code § 11-10-1 et seq. (Procedure and Administration) which provide for administration of those taxes.

8.3. The credit may be claimed only by one taxpayer for a given period of time. However, a husband and wife who file separate returns for a taxable year in which they could have filed a joint return may each claim only one-half of the tax credit that would have been allowed for a joint return, if the provisions of this rule are met.

8.4. The Tax Commissioner may disqualify in whole or in part any expenditure from eligibility for the tax credit if it appears that the economic substance of an expenditure or transaction constitutes self dealing or is an expenditure or investment primarily directed to or received by the purchaser, or by a related person related to the purchaser.

W. Va. Code R. § 110-21D-8