West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-13KK - West Virginia Tax Credit for Federal Excise Tax Imposed Upon Small Arms and Ammunition Manufacturers
Section 110-13KK-11 - Burden of proof; application required; failure to make timely application
Universal Citation: 110 WV Code of State Rules 110-13KK-11
Current through Register Vol. XLI, No. 38, September 20, 2024
11.1. Burden of proof. -- The burden of proof is on the taxpayer to establish by clear and convincing evidence that the taxpayer is entitled to the benefits allowed by W. Va. Code § 11-13KK-1, et seq., and this rule.
11.2. Application for credit required. --
11.2.1. Application required. -- No credit is
allowed or may be applied under W. Va. Code §
11-13KK-1,
et seq., or this rule for any qualified investment property
placed in service or use until the person asserting a claim for the allowance
of credit under W. Va. Code §
11-13KK-1,
et seq., and this rule makes written application to the Tax
Commissioner for allowance of credit as provided in this section heading.
11.2.1.a. An application for credit shall be
filed, in the form prescribed by the Tax Commissioner, no later than the last
day for filing the tax returns, determined by including any authorized
extension of time for filing the return, required under W. Va. Code §
11-21-1,
et seq., or § 11-24-1, et seq, for the
taxable year in which the property to which the credit relates is placed in
service or use. The form to apply for the credit is available online at
https://tax.wv.gov.
11.2.1.b. All information required by the
form shall be provided, or the application will be rejected.
11.2.2. Failure to make timely
application. -- Failure to timely apply for the credit results in forfeiture of
50 percent of the annual credit allowance otherwise allowable under W. Va. Code
§
11-13KK-1,
et seq., and this rule. This penalty applies annually until
the application is filed.
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