Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-36-5 - Application for Tax Credit5.1. Farming taxpayers shall make application to the Department for the tax credit as contemplated by W. Va. Code § 11-13DD-4(b), by submitting the properly completely receipt form along with any supporting documentation, if applicable.5.2. The Department of Agriculture shall review the receipt form to ensure that it has been completed in full and signed by the farming taxpayer and a representative of the food program that accepted the donation.5.2.a. The Department of Agriculture shall check to ensure that the food program listed on the form was a surplus food collection and distribution program operated and established to collect donated food for redistribution to persons in need and is recognized as exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code at the time of the donation.5.2.b. The Department of Agriculture shall review the estimated value of the edible agricultural products listed by the farming taxpayer on the receipt form.5.2.b.1. If the taxpaying farmer includes a copy of an invoice or other statement identifying the price received by the taxpaying farmer for edible agricultural products of comparable grade or quality for a previous sale, then that documentation shall be reviewed for accuracy and completeness. The Department of Agriculture reserves the right to request additional documentation as necessary to support the valuation of the edible agricultural product.5.2.b.2. If the taxpaying farmer does not include an invoice or other statement identifying the price received by the taxpaying farmer for edible agricultural products of comparable grade or quality for a previous sale, then the Department shall, on the date of the donation, determine if the value listed for the donated edible agricultural products is reasonable based on the fair market value as determined by average weekly regional produce auction prices or United States Department of Agriculture prices for meat, fish and dairy products. This value shall be compared to the value claimed on the receipt form to ensure the value claimed is not higher. If the price of the exact donated product cannot be determined from the average weekly regional produce auction prices or the United States Department of Agriculture prices for meat, fish, and dairy products, then WVDA will compare it to the price of the nearest like commodity. Additional information may be requested from the taxpayer regarding the donated commodity in making this determination.5.2.b.3. In the event the value of the product claimed on the receipt form does not agree, the Department of Agriculture shall substitute the fair market value, as determined by average weekly regional produce auction prices or United States Department of Agriculture prices for meat, fish and dairy products, for the edible agricultural products on the receipt form.5.2.c. The Department of Agriculture shall allocate the tax credits to farming taxpayers in the order the properly completed receipt forms are received. If an incomplete or inaccurate receipt form is submitted to the Department of Agriculture, it shall be returned to the farming taxpayer for correction and will not be considered for tax credits until the date the receipt form is corrected and resubmitted.5.3. After review of the receipt form and any supporting documentation, and after ensuring that the limit of $200,000 of tax credits per fiscal year has not been exceeded, the Department of Agriculture shall determine the amount, if any, of the tax credit due to the farming taxpayer. The amount of the credit is equal to 30 percent of the value of the donated edible agricultural products, but not to exceed $5,000 during a taxable year.5.4. The amount of the tax credit (if any), certificate number, approval signature (if applicable), and approval date (if applicable) shall be recorded on the receipt form.5.5. The Department of Agriculture shall provide written notification to the farming taxpayer that the Farm-to-Food Bank Tax Credit that has been approved, along with the amount of credit, or denied, along with the reason(s) for denial. 5.5.a. If denied, either in whole or in part, in addition to the reason for denial, Department of Agriculture will notify the farming taxpayer of the right to request an administrative hearing to review the denial, within ten (10 days) of receipt of the decision, in accordance with W.Va. Code § 29A-5-1, State Administrative Procedures Act.5.5.b. The farming taxpayer shall have an opportunity to cure any deficiencies in their receipt form and supporting documentation and resubmit the form for reconsideration.5.5.c. All corrected and resubmitted receipt forms and supporting documentation shall be considered by the Department of Agriculture on the date of resubmission, and not the date the deficient receipt form was originally submitted, for the purposes of awarding tax credits in the order they are received.5.5.d. The receipt form and any supporting documentation provided by the farming taxpayer will be returned with the written notification.5.6. The Department of Agriculture shall submit to the Tax Commissioner, or his or her designee, the certified value of the tax credit due to the farming taxpayer, based upon the donation of edible agricultural products, along with any other information necessary to administer this credit. The Department of Agriculture shall provide the following so that the Tax Department can administer this credit: 5.6.a. Submission of the certification information by February 10 of the following year, or at other times as requested, in the format requested by the Tax Commissioner.5.6.b. An identifying number assigned by the Department of Agriculture.5.7. All applications for tax credits must be received by the Department of Agriculture no later than January 31 of the year following the year in which the donation was made.