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-13 - General procedure and administration

13.1. Each provision of the "West Virginia Tax Procedure and Administration Act" set forth in W. Va. Code § 11-10-1, et seq., applies to the tax credit allowed under W. Va. Code § 11-13KK-1, et seq., except as otherwise expressly provided in W. Va. Code § 11-13KK-1, et seq., and this rule with like effect as if that act were applicable only to the tax credit allowed by W. Va. Code § 11-13KK-1, et seq., and this rule and were set forth in extenso in W. Va. Code § 11-13KK-1, et seq., and this rule.

13.2. The provisions of W. Va. Code § 11-10-5EE shall not be interpreted in such a way as to prevent any otherwise eligible taxpayer from claiming both the credit set forth by W. Va. Code § 11-13KK-1, et seq., and this rule, and any credit available against the federal excise tax paid to the government of the United States under section 4181 of Title 26 of the Internal Revenue Code.

13.3. Although the $2 million qualified investment threshold measurement of this credit is similar to the measure of qualified investment used for the manufacturing investment and other tax credits, calculation and amount of the W. Va. Code § 11-13KK-1, et seq., tax credit is not based on the amount of qualified investment. The W. Va. Code § 11-13KK-1, et seq., tax credit is based on the dollar amount of annual federal excise tax paid. Therefore, the prohibition of W. Va. Code § 11-10-5ee (SB 532 (2021 Regular Legislative Session)) does preclude simultaneous application of the W. Va. Code § 11-13S-1, et seq., manufacturing investment tax credit or W. Va. Code § 11-13Q-1, et seq., economic opportunity tax credit, and the W. Va. Code § 11-13KK-1, et seq., tax credit.