(a) Any term used in this article has 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 in this article. Any reference in this article to the laws of the United States means the provisions of the Internal Revenue Code of 1986, as amended, and any other provisions of the laws of the United States that relate to the determination of income for federal income tax purposes. All amendments made to the laws of the United States after December 31, 2020, but prior to January 1, 2022, shall be given effect in determining the taxes imposed by this article to the same extent those changes are allowed for federal income tax purposes, whether the changes are retroactive or prospective, but no amendment to the laws of the United States made on or after January 1, 2022, shall be given any effect.
(b) The term "Internal Revenue Code of 1986" means the Internal Revenue Code of the United States enacted by the federal Tax Reform Act of 1986 and includes the provisions of law formerly known as the Internal Revenue Code of 1954, as amended, and in effect when the federal Tax Reform Act of 1986 was enacted that were not amended or repealed by the federal Tax Reform Act of 1986. Except when inappropriate, any reference in any law, executive order, or other document:
(1) To the Internal Revenue Code of 1954 includes a reference to the Internal Revenue Code of 1986; and
(2) To the Internal Revenue Code of 1986 includes a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.
(c) Effective date. The amendments to this section enacted in the year 2022 are retroactive to the extent allowable under federal income tax law. With respect to taxable years that began prior to January 1, 2022, the law in effect for each of those years shall be fully preserved as to that year, except as provided in this section.
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