West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-29 - Special Reclamation Tax Credit
Section 110-29-4 - Application for and Amount of Tax Credit

4.1. If an operator applies for an Article 3 permit or enters into a reclamation agreement with the Department of Environmental Protection for a bond forfeited mine site, the Secretary shall certify to the Tax Commissioner the project costs, as shown in the records of the Secretary, that would have been spent from the Special Reclamation Fund and the Special Reclamation Water Trust Fund on the subject bond forfeited mine site.

4.2. At the conclusion of each calendar year the qualified operator reclaims the bond forfeited mine site pursuant to either an Article 3 permit or a reclamation agreement, the qualified operator may apply to the Tax Commissioner for the special reclamation tax credit. Before the qualified operator can receive the tax credit, the Secretary shall certify to the Tax Commissioner the amount of reclamation work completed pursuant to the Article 3 permit or reclamation agreement and the resultant amount of credit to be granted.

4.3. The amount of tax credit granted to the qualified operator shall be determined using the project costs the Secretary previously certified to the Tax Commissioner for the subject bond forfeited mine site.

4.4. The application for the tax credit by the authorized operator will be on a form approved by the Tax Commissioner and filed at the same time and manner as the special reclamation tax.