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Home » US Law » 2022 West Virginia Code » Chapter 11. Taxation » Article 24. Corporation Net Income Tax

§11-24-1. Legislative Findings

The Legislature hereby finds and declares that the adoption by this state for its corporation net income tax purposes of certain provisions of the laws of the United States relating to the determination of income for federal income tax purposes will: (1) Simplify preparation of state corporation net income tax returns by taxpayers; (2) improve […]

§11-24-11b. Credit for Utility Taxpayers With Net Operating Loss Carryovers

(a) General. — There shall be allowed to every eligible taxpayer a nonrefundable credit against its primary tax liability imposed under this article for any net operating loss carryovers that exist as of December 31, 2006. (b)(1) "Eligible taxpayer" means any person subject to the business and occupation taxes prescribed by article thirteen of this […]

§11-24-12. Military Incentive Tax Credit

Every employer entitled to receive a tax credit against its West Virginia corporate income tax liability as provided in article two-c, chapter twenty-one-a of this code shall receive the credit for the period and in the amount specified in said article two-c of this chapter. The State Tax Commissioner shall provide by appropriate rule or […]

§11-24-13. Returns; Time for Filing

(a) On or before the fifteenth day of the third month following the close of a taxable year, an income tax return under this article shall be made and filed by or for every corporation subject to the tax imposed by this article: Provided, That for tax years beginning after December 31, 2015, an income […]

§11-24-13a. Method of Filing for Business Taxes

(a) Privilege to file consolidated return. — (1) 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 […]

§11-24-13c. Determination of Taxable Income or Loss Using Combined Report

(a) The use of a combined report does not disregard the separate identities of the taxpayer members of the combined group. Each taxpayer member is responsible for tax based on its taxable income or loss apportioned or allocated to this state, which shall include, in addition to other types of income, the taxpayer member's apportioned […]

§11-24-13d. Determination of the Business Income of the Combined Group

The business income of a combined group is determined as follows: (a) From the total income of the combined group, determined under subsection (b) of this section, subtract any income and add any expense or loss, other than the business income, expense or loss of the combined group. (b) Except as otherwise provided, the total […]

§11-24-13e. Designation of Surety

As a filing convenience, and without changing the respective liability of the group members, members of a combined reporting group may annually elect to designate one taxpayer member of the combined group to file a single return in the form and manner prescribed by the department, in lieu of filing their own respective returns, provided […]

§11-24-13f. Water's-Edge Reporting Mandated Absent Affirmative Election to Report Based on Worldwide Unitary Combined Reporting Basis; Initiation and Withdrawal of Worldwide Combined Reporting Election

(a) Water's-edge reporting. — Absent an election under subsection (b) of this section to report based upon a worldwide unitary combined reporting basis, taxpayer members of a unitary group shall determine each of their apportioned shares of the net business income or loss of the combined group on a water's-edge unitary combined reporting basis. In […]

§11-24-14. Time and Place for Filing Returns and Paying Tax

A person required to make and file a return under this article shall pay any tax shown to be due by such return, without assessment, notice or demand, to the Tax Commissioner on or before the date fixed for filing such return determined without regard to any extension of time for filing the return. The […]

§11-24-15. Signing of Returns and Other Documents

(a) Any return, statement or other document required to be made pursuant to this article shall be filed in accordance with regulations or instructions prescribed by the Tax Commissioner. The fact that an individual's name is signed to a return, statement or other document shall be prima facie evidence for all purposes that the return, […]

§11-24-16. Declarations of Estimated Tax

(a) Requirement of declaration. — Every corporation subject to tax under this article shall make a declaration of estimated tax for the taxable year if its West Virginia taxable income can be reasonably expected to exceed $10,000. (b) Definition of estimated tax. — The term "estimated tax" means the amount which a corporation estimates to […]

§11-24-17. Payments of Estimated Tax

(a) Installment payments. — The estimated tax of a corporation with respect to which a declaration is required shall be paid as follows: (1) If the declaration is filed on or before the fifteenth day of the fourth month of the taxable year, the estimated tax shall be paid in four equal installments. The first […]

§11-24-18. Extensions of Time

(a) General. — The Tax Commissioner may grant a reasonable extension of time for payment of tax or estimated tax (or any installment), or for filing any return, declaration, statement, or other document required pursuant to this article, on such terms and conditions as he may require. (b) Amount determined as deficiency. — The Tax […]

§11-24-19. Requirements Concerning Returns, Notices, Records and Statements

(a) General. — The Tax Commissioner may prescribe regulations as to the keeping of records, the contents and form of returns and statements, and the filing of copies of federal income tax returns and determinations. The Tax Commissioner may require any corporation, by regulation or notice served upon such corporation, to make such returns, render […]