Generally, a pass-through entity qualifies to make the election only if it is taxable under W. Va. Code §11-21-1et seq., and not taxable under W. Va. Code §11-24-1et seq. Any pass-through entity that is treated as a disregarded entity for federal income tax purposes may not elect to be taxed under W. Va. Code §11-21-3a.
W. Va. Code R. § 110-21G-6