Economic Development Incentives and Grants

Tax credit review and accountability. Beginning on the first day of February, two thousand six, and on the first day of February every third year thereafter, the tax commissioner shall submit to the governor, the president of the Senate and the speaker of the House of Delegates a tax credit review and accountability report evaluating the cost effectiveness of the tax credit allowed under this article during the most recent three-year period for which information is available. The criteria to be evaluated includes, but is not limited to, for each year of the three-year period:

For more information on the reporting requirements, please see the following sections of the West Virginia State Code:
Economic Opportunity Tax Credit: §11-13Q-20
Film Industry Tax Credit: §11-13X-11
Strategic Research and Development Tax Credit: §11-13R-11
Manufacturing Investment Tax Credit: §11-13S-10

Submitted by the WV State Tax Department / WV Film Office

§11-10-5s. Disclosure of certain taxpayer information.

(a) Purpose. - The Legislature hereby recognizes the importance of confidentiality of taxpayer information as a protection of taxpayers' privacy rights and to enhance voluntary compliance with the tax law. The Legislature also recognizes the citizens' right to accountable and efficient state government. To accomplish these ends, the Legislature hereby creates certain exceptions to the general principle of confidentiality of taxpayer information.

(b) Exceptions to confidentiality. -

(1) Notwithstanding any provision in this code to the contrary, the Tax Commissioner shall publish in the State Register the name and address of every taxpayer and the amount, by category, of any credit asserted on a tax return under articles thirteen-c, thirteen-d, thirteen-e, thirteen-f, thirteen-g, thirteen-q, thirteen-r and thirteen-s of this chapter and article one, chapter five-e of this code. The categories by dollar amount of credit received are as follows:

(A) More than $1 but not more than $50,000;
(B) More than $50,000 but not more than $100,000;
(C) More than $100,000 but not more than $250,000;
(D) More than $250,000 but not more than $500,000;
(E) More than $500,000 but not more than $1 million; and
(F) More than $1 million.

§11-13J-10. Public information relating to tax credit.

The tax commissioner shall annually publish in the state register the name and address of every taxpayer asserting this credit on a tax return, and the amount of any credit asserted on a tax return under this article by each such taxpayer, and the confidentiality provisions of section four-a, article one, or section five-d, article ten of this chapter, or of any other provision of this code, do not apply to such information.

Submitted by the WV Secretary of State’s Office

Note – West Virginia State Code provides that taxpayers have a period of three years from the due date of a tax return to finalize the return (§11-10-14(l)(1)). For example, a tax year 2008 income tax return on normal extension is due on either September 15, 2009 (C Corporation) or on October 15, 2009 (personal income tax). Under the three-year statute of limitations, a tax credit must be claimed on such return by no later than September 15, 2012 or October 15, 2012. Credit disclosure information is incomplete until all such returns are filed and the information checked for accuracy.

Governor's Guaranteed Work Force Program

Submitted by the WV Development Office

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