(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 be its income tax under this article for the taxable year, less an amount which such corporation estimates to be the sum of any credits allowable against the tax.
(c) Contents of declaration. -- The declaration shall contain such pertinent information as the Tax Commissioner may by forms or regulations prescribe, including, but not limited to, such detailed information as may be necessary to clearly reflect the estimated West Virginia taxable income of the corporation for the taxable year.
(d) Amendment of declaration. -- A corporation may make amendments of a declaration filed during the taxable year under regulations prescribed by the Tax Commissioner.
(e) Time for filing declaration. -- If the requirements of subsection (a) are first met before the first day of the fourth month of the taxable year a declaration of estimated tax of a corporation shall be filed on or before the fifteenth day of the fourth month of the taxable year, except that if the requirements of subsection (a) are first met --
(1) After the last day of the third month and before the first day of the sixth month of the taxable year, the declaration shall be filed on or before the fifteenth day of the sixth month of the taxable year, or
(2) After the last day of the fifth month and before the first day of the ninth month of the taxable year, the declaration shall be filed on or before the fifteenth day of the ninth month of the taxable year, or
(3) After the last day of the eighth month and before the first day of the twelfth month of the taxable year, the declaration shall be filed on or before the fifteenth day of the twelfth month of the taxable year.
(f) Declaration of estimated tax of $100 or less. -- A declaration of estimated tax of a corporation having a total estimated tax for the taxable year of $100 or less may be filed at any time on or before the fifteenth day of the first month of the succeeding taxable year under regulations of the Tax Commissioner.
(g) Return as declaration or amendment. -- If on or before the fifteenth day of the second month of the succeeding taxable year a corporation files its return for the taxable year for which the declaration is required, and pays therewith the full amount of the tax shown to be due on the return:
(1) Such return shall be considered as such corporation's declaration, if no declaration was required to be filed during the taxable year, but is otherwise required to be filed on or before the fifteenth day of the first month of the succeeding taxable year.
(2) Such return, if filed on or before such applicable date shall be considered an amendment permitted by subsection (d) if the tax shown on the return is greater than the estimated tax shown in a declaration previously made.
Structure West Virginia Code
Article 24. Corporation Net Income Tax
§11-24-1. Legislative Findings
§11-24-2. Short Title; Arrangement and Classification
§11-24-3. Meaning of Terms; General Rule
§11-24-3a. Specific Terms Defined
§11-24-3b. General Meaning of Definition of the Term Tax Haven for Specified Jurisdictions
§11-24-4. Imposition of Primary Tax and Rate Thereof; Effective and Termination Dates
§11-24-4a. Effect of Rate Changes During Taxable Year
§11-24-5. Corporations Exempt From Tax
§11-24-6. Adjustments in Determining West Virginia Taxable Income
§11-24-7. Allocation and Apportionment
§11-24-7a. Special Apportionment Rules
§11-24-7b. Special Apportionment Rules - Financial Organizations
§11-24-8. Accounting Periods and Methods of Accounting
§11-24-9. Credits Against Primary Tax; Election of Taxpayer; Expiration of Credit
§11-24-9a. Credits Against Primary Tax; Election of Taxpayer
§11-24-9b. Limited Tax Credits - Financial Organizations
§11-24-9c. Research and Development Credit Against Primary Tax
§11-24-10. Credit for Hiring of Qualified Employees by Eligible Taxpayers Engaged in Manufacturing
§11-24-10a. Nonrefundable Credit for Matching Contribution to Employee S Jumpstart Savings Account
§11-24-11a. Credit for Reducing Telephone Utility Rates for Low-Income Residential Customers
§11-24-11b. Credit for Utility Taxpayers With Net Operating Loss Carryovers
§11-24-12. Military Incentive Tax Credit
§11-24-13. Returns; Time for Filing
§11-24-13a. Method of Filing for Business Taxes
§11-24-13b. Information Return for Corporations Electing to Be Taxed Under Subchapter S
§11-24-13c. Determination of Taxable Income or Loss Using Combined Report
§11-24-13d. Determination of the Business Income of the Combined Group
§11-24-13e. Designation of Surety
§11-24-14. Time and Place for Filing Returns and Paying Tax
§11-24-15. Signing of Returns and Other Documents
§11-24-16. Declarations of Estimated Tax
§11-24-17. Payments of Estimated Tax
§11-24-19. Requirements Concerning Returns, Notices, Records and Statements
§11-24-20. Report of Change in Federal Taxable Income
§11-24-23. Credit for Consumers Sales and Service Tax and Use Tax Paid
§11-24-23a. Credit for Qualified Rehabilitated Buildings Investment
§11-24-23e. Carryback, Carryforward
§11-24-23f. Credit Allowed for Specific Taxable Years
§11-24-23g. Application of Credits
§11-24-24. Credit for Income Tax Paid to Another State
§PART. Iii. Procedure and Administration. §11-24-26. Repealed. Acts, 1978 Reg. sess., Ch. 95
§11-24-39. Disposition of Revenue
§11-24-40. Effective Date; Severability
§11-24-41. General Procedure and Administration
§11-24-43. Dedication of Corporation Net Income Tax Proceeds
§11-24-43a. Dedication of Tax Proceeds to Railways
§11-24-44. Tax Credit for Employers Providing Child Care for Employees