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Home » US Law » 2022 West Virginia Code » Chapter 11. Taxation » Article 23. Business Franchise Tax

§11-23-26. Effective Date

The provisions of this article as amended or added by this act shall take effect on July 1, 1988, and apply to all taxable years ending after that date: Provided, That if an effective date is expressly provided in such provision, that specific effective date shall control in lieu of this general effective date provision.

§11-23-27. Credit for Franchise Tax Paid to Another State

(a) Effective for taxable years beginning on or after January 1, 1991, and notwithstanding any provisions of this code to the contrary, any financial organization having its commercial domicile in this state shall be allowed a credit against the tax imposed by this article for any taxable year for taxes paid to another state. That […]

§11-23-28. Notice of Business Activities Report

(a) Except as provided by subsection (b) of this section, for each taxable year every corporation and partnership that carries on any business activity or owns or maintains property in West Virginia for the taxable year shall file a business activity report with the Tax Commissioner. The report must be filed on or before the […]

§11-23-3. Meaning of Terms; Specific Terms Defined

(a) General. — When used in this article, or in the administration of this article, terms defined in this section shall have the meanings ascribed to them herein unless a different meaning is clearly required by either the context in which the term is used, or by specific definition in this article. (b) Terms defined. […]

§11-23-3a. Meaning of Terms; General Rule

(a) Any term used in this article shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, unless a different meaning is clearly required by the context or by definition of this article. Any reference in this article to the laws […]

§11-23-4. Tax Base Determined

The tax base of a taxpayer, for purposes of this article, shall be its capital, as defined and adjusted in section three of this article. If the taxpayer is also taxable in another state, then the tax base of the taxpayer shall be its capital, as defined in section three of this article, multiplied by […]

§11-23-5. Apportionment of Tax Base

(a) A taxpayer subject to the tax imposed by this article and also taxable in another state shall, for the purposes of this tax, apportion its tax base to this state by multiplying its tax base by a fraction, the numerator of which is the sum of the property factor, plus the payroll factor, plus […]

§11-23-5a. Special Apportionment Rules – Financial Organizations

(a) General. — The Legislature hereby finds that the general formula set forth in section five of this article for apportioning the tax base of corporations and partnerships taxable in this state as well as in another state is inappropriate for use by financial organizations due to the particular characteristics of those organizations and the […]

§11-23-6. Imposition of Tax; Change in Rate of Tax

(a) General. — An annual business franchise tax is hereby imposed on the privilege of doing business in this state and in respect of the benefits and protection conferred. Such tax shall be collected from every domestic corporation, every corporation having its commercial domicile in this state, every foreign or domestic corporation owning or leasing […]

§11-23-7. Persons and Other Organizations Exempt From Tax

The following organizations and persons are exempt from the tax imposed by this article to the extent provided in this section: (a) Natural persons doing business in this state that are not doing business in the form of a partnership (as defined in section three of this article) or in the form of a corporation […]

§11-23-8. Accounting Periods and Methods of Accounting

(a) General rule. — For purposes of the tax imposed by this article, a taxpayer's taxable year shall be the same as the taxpayer's taxable year for federal income tax purposes. (b) Change of taxable year. — If a taxpayer's taxable year is changed for federal income tax purposes, the taxpayer's taxable year for purposes […]

§11-23-9. Annual Returns

(a) In general. — Every person subject to the tax imposed by this article shall make and file an annual return for its taxable year with the Tax Commissioner on or before: (1) The fifteenth day of the third month of the next succeeding taxable year if the person is a corporation; or

§11-23-9a. Method of Filing for Business Taxes

(a) Privilege to file consolidated return. — An affiliated group of corporations (as defined for purposes of filing a consolidated federal income tax return) shall, subject to the provisions of this section and in accordance with any regulations prescribed by the Tax Commissioner, have the privilege of filing a consolidated return with respect to the […]