Terms Used In West Virginia Code > Chapter 11 > Article 13L - The Natural Gas Industry Jobs Retention Act

• Affiliate: means and includes all persons, as defined in this section, which are affiliates of each other when either directly or indirectly:

  (A) One person controls or has the power to control the other, or

  (B) A third party or third parties control or have the power to control two persons, the two thus being affiliates. See West Virginia Code 11-13L-2

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means a partnership, limited partnership or any other form of unincorporated enterprise, owned or conducted by two or more persons. See West Virginia Code 11-22-1
• Commissioner: means the State Tax Commissioner. See West Virginia Code 11-22-1
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: means any corporation, joint-stock company or association, and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by a certificate of interest or ownership or similar written instrument. See West Virginia Code 11-13L-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Delegate: when used in reference to the Tax Commissioner, means any officer or employee of the Tax Division of the Department of Tax and Revenue duly authorized by the Tax Commissioner directly, or indirectly by one or more redelegations of authority, to perform the functions mentioned or described in this article. See West Virginia Code 11-13L-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Full-time employee: means an employee who works, is on a work site, on paid vacation leave or other paid leave, in the aggregate, at least one thousand five hundred hours per year. See West Virginia Code 11-13L-2
• individual: means a human being. See West Virginia Code 11-13L-2
• Limited liability company: means a limited liability company organized under the laws of this state, the United States or by any other state, territory or the District of Columbia. See West Virginia Code 11-22-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means and includes any natural person, corporation, limited liability company or partnership. See West Virginia Code 11-13L-2
• Qualified employee: means a West Virginia resident domiciled in this state who is a full-time employee of a taxpayer. See West Virginia Code 11-13L-2
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Tax Commissioner: means the Tax Commissioner of the State of West Virginia, or the Tax Commissioner'. See West Virginia Code 11-13L-2
• Tax year: means the calendar year following the July first assessment day or, in the case of a public service business assessed pursuant to article six of this chapter, the calendar year beginning on the January first assessment day. See West Virginia Code 11-5-3
• taxable year: means the tax year of the taxpayer for federal income tax purposes. See West Virginia Code 11-13L-2
• Taxpayer: means any person subject to the tax prescribed by section two-e, article thirteen of this chapter. See West Virginia Code 11-13L-2
• Trustee: A person or institution holding and administering property in trust.
• Unitary business: means a business structured so that the operations of the business segments of a corporation, including segments consisting of members of an affiliated group of commonly owned and controlled corporations or entities, contribute to or depend on each other in such a way as to result in functional integration between business segments in engaging in the natural gas business. See West Virginia Code 11-13L-2