A person who does not keep the records required for identification of a patent for which a credit would be allowable under this article is subject to the following rules:
(1) A person is treated as having disposed of, during the taxable year, any patent for which a credit was allowed under this article which the taxpayer cannot establish is still being directly used in the person's manufacturing process or product in this state at the end of that year;
(2) If a person cannot establish when a patent was placed in service in direct use in the person's manufacturing process or product in this state, no credit is allowed under this article.
Structure West Virginia Code
Article 13AA. Commercial Patent Incentives Tax Act
§11-13AA-2. Legislative Findings and Purpose
§11-13AA-4. Tax Incentive for Developing Patents in This State
§11-13AA-6. Transfer of Credit to Successors
§11-13AA-7. Identification of a Patent and Required Records
§11-13AA-8. Failure to Keep Records of a Patent for Which Credit Allowed
§11-13AA-9. Tax Credit Review and Accountability
§11-13AA-10. Promulgation of Rules