Terms Used In West Virginia Code > Chapter 11 > Article 13M - Tax Credit for New Value-Added Wood Manufacturing Operations

• 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 11-13M-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
• Consumer-ready wood products: means value-added wood products that are ready for sale to consumers at the end of the manufacturing process. See West Virginia Code 11-13M-2
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: includes any corporation, a joint-stock company and any association or other organization which is classified as a corporation under federal income tax law. See West Virginia Code 11-13M-2
• 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 11-13M-2
• Eligible taxpayer: means a person who after June 30, 1997, begins manufacturing a consumer-ready wood product at a new manufacturing facility located in this state, or begins manufacturing a new consumer-ready wood product line at an existing manufacturing facility located in this state, which results in the creation of new jobs filled by full-time employees. See West Virginia Code 11-13M-2
• Employer: means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that if the person for whom the individual performs or performed the service does not have control of the payment of wages for such services, the term "employer" means the person having control of the payment of such wages. See West Virginia Code 11-13M-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.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Existing manufacturing facility: means a building which at anytime during the twelve months preceding the month in which manufacture of a consumer-ready wood product begins was used by the taxpayer, or by a related person, to manufacture tangible personal property. See West Virginia Code 11-13M-2
• Full-time employee: means a permanent hourly employee of an eligible taxpayer, who is a West Virginia domiciled resident, and works in a new consumer-ready wood product manufacturing facility in this state, or in a new consumer-ready wood product line of an existing manufacturing facility in this state, more than eighteen hundred hours during the entire twelve-month period ending on the last day of the taxable year of the eligible employer, whether these hours are hours worked at the manufacturing facility, or include hours of employer paid vacation leave or other employer paid leave. See West Virginia Code 11-13M-2
• Internal Revenue Code: means the Internal Revenue Code of 1986, as amended, of the United States. See West Virginia Code 11-13M-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
• Manufacturing facility: means any facility which is used in the manufacturing of tangible personal property (including processing resulting in a change in the condition of such property). See West Virginia Code 11-13M-2
• New consumer-ready wood product line: means the manufacture of a consumer-ready wood product in an existing manufacturing facility in this state that first begins manufacturing the new consumer-ready wood product line after June 30, 1997. See West Virginia Code 11-13M-2
• New consumer-ready wood product manufacturing facility: means a building that is primarily used by the eligible taxpayer to manufacture a consumer-ready wood product that is first placed in service and used for that purpose by the eligible taxpayer after June 30, 1997. See West Virginia Code 11-13M-2
• New job: means a job at a new consumer-ready wood product manufacturing facility located in this state, or at a new consumer-ready wood product line at an existing manufacturing facility located in this state, which did not exist in this state with any employer as of the first day of the second calendar month preceding the calendar month in which the new consumer-ready wood product manufacturing facility begins to manufacture consumer-ready wood products, or in which the new consumer-ready wood product line begins to manufacture consumer-ready wood products in an existing manufacturing facility located in this state, that is filled by a full-time employee of the eligible taxpayer. See West Virginia Code 11-13M-2
• Partnership: means and includes a syndicate, group, pool, joint venture or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on, which is classified as a partnership for federal income tax purposes for the taxable year. See West Virginia Code 11-13M-2
• 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 an individual, a trust, estate, partnership, association, company or corporation. See West Virginia Code 11-13M-2
• Tax Commissioner: means the Tax Commissioner of the State of West Virginia, or the Tax Commissioner'. See West Virginia Code 11-13M-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 11-13M-2
• Taxpayer: means any person subject to the tax imposed by articles twenty-one, twenty-three or twenty-four of this chapter. See West Virginia Code 11-13M-2
• Temporary employee: means an employee performing services under a contractual arrangement with the employer of two years or less duration. See West Virginia Code 11-13M-2