West Virginia Code
Article 13C. Business Investment and Jobs Expansion Tax Credit
§11-13C-11. Failure to Keep Records of Investment Credit Property

A taxpayer who does not keep the records required for identification of investment credit property, is subject to the following rules:
(1) A taxpayer shall be treated as having disposed of, during the taxable year, any investment credit property which the taxpayer cannot establish was still on hand, in this state, at the end of that year.
(2) If a taxpayer cannot establish when investment credit property reported for purposes of claiming this credit returned during the taxable year was placed in service, the taxpayer shall be treated as having placed it in service in the most recent prior year in which similar property was placed in service, unless the taxpayer can establish that the property placed in service in the most recent year is still on hand. In that event, the taxpayer will be treated as having placed the returned property in service in the next most recent year.

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