Enlarge image | Schedule EOTC-1 InstructIons for EconomIc opportunIty tax crEdIt (for pErIods aftEr January 1, 2015) General Information least 280 new jobs is allowed a credit equal to 25% of its the purpose of the economic Opportunity tax Credit is to qualified investment, and a business creating at least 520 promote net employment growth within West Virginia. in new jobs can claim 30% of its qualified investment. For return for net employment growth (e.g., twenty (20) new projects having qualified investment of $20 million or more jobs) through capital investment, the state provides a tax that are constructed using construction labor and mechanics credit to offset the additional taxes directly attributable to the numbering 75 or more employees or equivalent employees, qualified investment and new jobs. who are paid an average wage of at least prevailing wage; the new jobs percentage for the 20 to 520 employee range the economic Opportunity tax Credit is available to is increased by 5 percentage points. qualified businesses that make a qualified investment (on or after January 1, 2003) in a new or expanded business in If New West Virginia Jobs Total at The Applicable West Virginia and, as a result of this investment, create at least: Percentage is: least twenty (20) new jobs. Qualified business include only 520 30% those engaged in the activities of manufacturing, information processing, warehousing, non-retail goods distribution, 280 25% qualified research and development, the relocation of a 20 20% corporate headquarters, or destination-oriented recreation and tourism. 15 Corporate headquarters relocation only 10% 10 small business credit (see below) 10% application for credit required Jobs Calculation taxpayers must complete an application for West Virginia economic Opportunity tax Credit (Form WV/eOtC-a) with the new jobs percentage is based on the number of new the Tax Commissioner and receive written acknowledgment jobs created in this state that are directly attributable to of such application prior to claiming the credit. the application the qualified investment in a new or expanded business must be filed annually no later than the due date of the facility. the number of new jobs created by the investment taxpayer’s annual income tax return determined with regard is determined by the net increase in employment by the to any extension of time for filling such returns. Form WV/ business (or controlled group of businesses) in West Virginia EOTC-A must be filed on a timely basis before claiming tax over a base year level. the base year is the 12-month credits. Failure to do so will result in forfeiture of 50% of the period immediately preceding the placement of qualified annual credit allowance utilized until the application is filed. investment into service or use. The hours of qualified part-time employees may be aggregated to determine the Certified Projects number of equivalent full-time employees for the purpose of the economic Opportunity tax Credit may be claimed for a ascertaining the number of new jobs created. project certified by the Tax Commissioner. A project eligible a “new Job” is one that did not exist in the business of the for certification is one in which: taxpayer in this state prior to the investment in the new or The qualified investment creates at least twenty (20) new expanded business facility. This position must be filled by a jobs but such investment is placed in service or use over new employee. the number of new jobs is the net of new a period of three (3) successive tax years rather than a jobs created less any jobs lost in any part or segment of period of 365 days or less. the investment is eligible for the employer’s business in West Virginia over the same time project certification only if made in accordance with a written period. business facility development plan, and the investment a “new employee” is a West Virginia domiciled resident placed in service or use during the first year would not have hired to fill one of the new jobs on a permanent basis. been made without the expectation of making the qualified temporary or seasonal employment does not qualify as a investment placed in service or use during the next two (2) new job. persons hired on a temporary or seasonal basis do succeeding tax years. not qualify as new employees. A qualified business creating at least twenty (20) new jobs For all economic Opportunity tax Credit applications, except within three (3) tax years is allowed a credit equal to 20% small business, an estimation of the expected number of new of its qualified investment. This percentage increases with jobs is made in the first taxable year for which the credit is the number of new jobs created. a business creating at claimed. in the third tax year the actual number of new jobs West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 1 of 7 |
Enlarge image | created must be certified by the business. Adjustments must total net Full-time equivalent employees = 50.18 be made for the new jobs percentage if the number of new jobs certified varies from the number of new jobs estimated. * Must work for at least 6 months at 20 or more hours per the allowable credit is then redetermined for prior and future week to qualify years. Once certified, if the number of new jobs declines in ** These employees work at least 20 hours per week for at any tax year, resulting in a decreased new jobs percentage, least 6 months during the year the credit is redetermined. However, if the number of new jobs subsequently increases to the former threshold, the *** Hours beyond 1,680 may not be counted as additional credit will be reinstated. employees. A qualified small business with no more than $9,233,450* in annualized sales must create at least ten (10) new Required Employment Records West Virginia jobs within twelve (12) months of placement of the taxpayer must maintain records to establish the qualified investment into service or use. See administrative following: notice 2014-22 for tax years beginning during calendar year 2015. if the number of new jobs declines in any subsequent 1. total full-time equivalent employment in place during year below the minimum of ten (10), then the credit is lost for the year immediately preceding the year qualified that year. However, if the number of new jobs subsequently investment was first placed into service or use. increases to the former threshold, the credit will be reinstated. 2. total full-time equivalent employment in place during if the new number of new jobs rises to twenty (20) or more, each year of the project. then the new jobs percentage will increase to twenty percent such records must be retained for a period of three (3) years (20%), and the general job calculation rules of the economic after the last year for which the credit is claimed. Opportunity Credit will apply. A job is attributable to the qualified investment if: Qualified Investment Property 1. the employee’s service is performed or his base of Qualified investment property is property constructed, operations is at the new or expanded facility; and purchased, leased or transferred into West Virginia and placed in service or use, as a component of a new or 2. The position did not exist prior to the making of the expanded business facility located in this state. the amount investment in the new or expanded facility; and, of the qualified investment is determined by the cost, or 3. the position exists only because of the investment in other basis, and the useful life of the property. the new or expanded facility. Critical elements in the determination of qualified investment Calculation of Full-Time Equivalent Employees property for purposes of this credit are how, and from whom, The hours of qualified part-time employees are aggregated the property is acquired; the acquisition date; date and term to determine the number of equivalent full-time employees of a lease; transfer date; date placed in service or use in this for the purpose of determining the applicable new jobs state; as well as the useful life of the property. percentage. However, they may not be aggregated for the purpose of determining when a job is attributable to the For the economic Opportunity tax Credit, qualifying qualified investment. investment property acquired and placed in service or use in this state on or after January 1, 2003 may be counted Part-time employment qualifies if the employee works at toward the credit. least twenty (20) hours per week for at least six (6) months or 520 hours per year (26 weeks @ 20 hours per week). Full- Qualified Investment Property May Include: time employment is 140 hours per month or 1,680 hours per 1. real property and improvements thereto, having a year (140 hours times 12 months). The following example useful life of four (4) or more years placed in service illustrates a calculation of full-time equivalent employees: or use in West Virginia on or after January 1, 2003. 2. real property and improvements thereto, or tangible Qualified Employees full-time net full-time personal property acquired by written lease with Equivalent Equivalent a primary term of ten (10) or more years placed in 200 @ < 520 hrs 1,680 Do not Qualify* service or use in West Virginia on or after January 1, 50 @ 750 hrs 1,680** = 22.32 2003. 20 @ 1,500 hrs 1,680** = 17.86 3. Depreciable or amortizable tangible personal property 6 @ 1,700 hrs 1,680*** = 6.00 placed in service or use in West Virginia on or after January 1, 2003 with a useful life of four (4) or more 4 @ 2,080 hrs 1,680*** = 4.00 years at the time the property is placed in service or use in this state. * Administrative notice 2014-22 for tax years during calendar year 2015. 4. tangible personal property acquired by written lease West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 2 of 7 |
Enlarge image | having a primary term of four (4) or more years that 6. the date it was disposed of or otherwise ceased to be was commenced and executed on or after January 1, qualified property. 2003. such records must be retained for a period of three (3) years 5. tangible personal property owned or leased, used at after the last year for which the credit is claimed. a business location outside this state which is moved into this state on or after January 1, 2003. if owned, Cost or Other Basis property must be depreciable or amortizable and 1. the cost of purchased property may not include the have a useful life of four (4) or more years remaining value of property given in trade or exchange for the at the time the property is placed in service or use property purchased. in this state. if leased, the primary term of the lease 2. the cost of replacement property may not include remaining at the time the property is placed in service any insurance proceeds received in compensation for or use in West Virginia must be four (4) or more years. property damaged or destroyed by fire, flood, storm or Qualified Investment Property May Not Include: other casualty or is stolen. 1. property owned or leased, for which another tax 3. the cost of real property with a written primary lease credit (e.g. for manufacturing investment tax Credit, term of ten (10) or more years is 100% of the rent industrial expansion and revitalization; or research reserved for the primary term of the lease, not to and Development Projects) has been taken by the exceed twenty (20) years. taxpayer, seller, lessor, or other transferor. 4. the cost of tangible personal property with a written 2. repair costs, unless capitalized for federal income tax primary lease term of at least four (4) years but less purposes. than six (6) years is one-third (1/3) of the rent reserved 3. airplanes. for the primary term of the lease. 4. property primarily used outside this state. 5. For tangible personal property with a written primary lease term of at least six (6) years but less than 5. property acquired incidental to the purchase of the eight (8) years, the cost is two-thirds (2/3) of the rent stock or assets of the seller. This restriction can be reserved for the primary term of the lease. waived by the tax Commissioner. 6. For tangible personal property with a written lease 6. natural resources in place. term of eight (8) or more years, the cost is 100% of the 7. property purchased or leased, the cost of which cannot rent reserved for the primary term of the lease, not to be quantified when such property is placed in service. exceed twenty (20) years. the rent reserved may not 8. Property not directly attributable to the qualified include rent for any year subsequent to the expiration investment activity (e.g. recreational boat, vehicle for of the book life of the property, determined by use of personal use). the straight line method of depreciation. 7. For qualifying property purchased for multiple use the Date Placed In Service or Use cost must be pro-rated. property is considered to be placed in service or use in the earlier of: 8. For self-constructed property the cost is the amount properly charged to the capital account for depreciation 1. the taxable year in which, under the taxpayer’s in accordance with federal income tax law. depreciation practice, the period for depreciation for 9. the cost of property transferred into this state is such property begins; or determined based on remaining useful life of the 2. the taxable year in which the property is placed in a property at the time it is placed in service or use in this condition of state or readiness and availability for a state. the cost is the original cost of the property to specifically assigned function. the taxpayer less straight line depreciation allowable for tax years, or portions of tax years, the property was Required Records used outside West Virginia. For each item of qualified property, the taxpayer must 10. For leased tangible personal property transferred into maintain records to establish the following: this state, the cost is based on the period remaining 1. its identity. in the primary term of the lease after the property is brought into this state for use in a new or expanded 2. its actual or reasonably determined cost. business. the cost is the rent reserved for the 3. the month and taxable year in which it was placed in remaining period of the primary lease term, not to service or use. exceed twenty (20) years or the remaining useful life, 4. its straight line depreciation. whichever is less. 5. The amount of credit taken. 11. For leased property placed into service for which the West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 3 of 7 |
Enlarge image | cost is not quantifiable at the outset of the lease, only For example, if a Taxpayer purchases a machine for $25,000, the quantifiable portion, if any, may be aggregated as for use in a new industrial facility, which has a useful life of a qualified investment. six (6) years, the qualified investment is equal to $16,666.66. 12. the cost of relocating corporate headquarters is the The $25,000 investment is multiplied by the applicable expenses incurred and paid by the corporation to useful life percentage of 66 2/3% to arrive at $16,666.66 in unrelated third parties and which have been certified by qualified investment. the tax Commissioner to have been both reasonable the credit can offset a portion of the tax attributable to and necessary to effectuate the move. qualified investment for the Business and Occupation Tax Corporate Headquarters Relocation [electric power generation taxes only], Corporation net the Corporate Headquarters relocation Credit is allowable Income Tax, and Personal Income Tax [tax on flow through for corporate headquarters placed in service or use in business profits only], in the order stated. West Virginia on or after January 1, 2003. an out-of-state the economic Opportunity tax Credit is generally available corporation relocating its headquarters to West Virginia for investment placed into service or use over a period of is allowed a tax credit if it employs at lease fifteen (15) 365 days, beginning on the date when property purchased domiciled West Virginia residents on a full-time basis at its or leased for business expansion is first placed into service new location. or use. provisions are available for multiple year projects as The adjusted qualified investment is the same as the qualified long as project certification has been obtained from the Tax investment determined for the economic Opportunity tax Commissioner. Credit, plus the cost of reasonable and necessary expenses redetermination, forfeiture, and recapture of credit incurred to relocate the corporate headquarters. If during any taxable year, property used as a qualified the amount of the credit is determined by multiplying the investment for any of these credits is disposed of prior to adjusted qualified investment by 10 percent (10%). However, the end of its useful life or ceases to be used in an eligible if at least twenty (20) jobs are attributable to the relocation or a business, the unused portion of the credit attributable combination of other qualified investment and the relocation, to that investment is forfeited for the taxable year and all the regular economic Opportunity tax Credit percentages ensuing years. Forfeiture also applies if the taxpayer ceases beginning at twenty percent (20%) may be used. operation of a business facility for which credit was allowed before expiration of the useful life of the qualified investment calculation of Economic opportunity tax credit property. the failure to create or maintain the necessary the credit is determined by multiplying the amount of the number of new jobs for credit entitlement also results in taxpayer’s qualified investment by the taxpayer’s new jobs credit forfeiture. percentage and is generally applied over a ten (10) year period (at 1/10th per year) beginning in the taxable year in redetermination, forfeiture, and recapture of credit which the qualified investment is placed in service or use, 1. Failure to create the minimum number of new jobs or, at the taxpayer’s option, in the next succeeding tax year. within the required two to three year period: The entire For example, a Credit of $200,000 attributable to $1 million credit is forfeited. Any Credit claimed during the first of qualified investment made in 2003 is applied at a rate of three (3) years must be paid back (recaptured) with $20,000 per year for the 2003-2012 period, or alternatively, interest and a ten (10%) percent penalty. at a rate of $20,000 per year for the 2004-2013 period. 2. Failure to maintain the minimum number of new jobs in This calculation of qualified investment is determined by any year subsequent to the initial three-year (3) period multiplying the net cost of eligible property by its applicable (i.e. years four (4) through ten (10)): The credit is useful life percentage based on the projected actual forfeited for any year in question, but may be reinstated economic useful life of the asset. the following percentages for any remaining year in which the minimum number apply: is attained, thus enabling the taxpayer to utilize the full annual credit allowance for that taxable year. The Applicable 3. Failure to maintain the number of jobs necessary to If Useful Life is: Percentage is: attain a jobs percentage in the 25% to 30% category: Less than 4 years 0 % the credit for year (s) affected must be redetermined to reflect the jobs percentage attributable to the actual 4 years or more but less than 6 33 ⅓ % employment increase. years 4. Credit attributable to property that ceases to be used 6 years or more but less than 8 66 ⅔ % in this state prior to the end of its categorized useful years life must be recalculated for all tax years according to 8 years or more 100 % actual useful life. if the recalculation of credit according West Virginia state tax Department eOtC-1 instructions — rev. 10/15 Page 4 of 7 |
Enlarge image | to actual useful life results in an overutilization in a this schedule for your 2005 tax return. previous year, then a reconciliation statement must be filed with the payment of any additional tax and interest Line 2 Investment Summary [complete if you made due. Credit attributable to property with a useful life of qualified investment during the year]: enter less than four (4) years is forfeited for all years. the net costs of the property in Column (1) on the appropriate line determined by the life of the EXAMPLE property. then multiply the net costs in Column Company A creates 50 new jobs and invests $10 million in (1) by the applicable percentages in Column (2). equipment with a designated useful life of eight (8) years Enter the results in Column (3). Add the figures in 2003. the credit for Company a is calculated to equal in Column (3) and enter on Line 4 of this section. $2,000,000 or $200,000 per year for ten (10) years. However, The amount on Line 4 represents the Taxpayer’s Company A moves this equipment to New York in 2008; qualified investment for this year. therefore the equipment’s actual useful life in West Virginia is reduced to only five (5) years. The corresponding credit Line 3 Available Credit Calculation: enter your is reduced according to the above formula from $2,000,000 qualified investment from Line 4 above in Column to $666,667 or $66,667 per year for ten (10) years. A (1). enter the appropriate new jobs percentage in reconciliation statement for tax years 2003 through 2008 Column (2). Then multiply the qualified investment reflecting an overutilization of credit must be filed with in Column (1) by the new jobs percentage in payment of any additional tax, interest, and penalties owed. Column (2) and enter the result in Column (3). the amount entered in Column 3 represents your total Redetermination is not Required: available credit attributable to this year’s qualified 1. For a mere change in the form of conducting business. investment. this credit must be pro-rated for use However, the property must be retained in a business over a ten-year period. multiply the available credit in this state and the taxpayer must retain a controlling in Column (3) by 10% to arrive at the pro-rated interest in the successor business . available credit in Column (4). 2. if the forfeiture occurs because property is stolen, or Line 4 Pro-Rated Credit Allocation Summary: this damaged by fire, flood, storm, or other casualty. spreadsheet contains space for twelve rows of 3. if the business is transferred or sold to a successor tax credit data. if the taxpayer places investment business in this state. according to laws governing the into service over a single tax year, the taxpayer credit, any available credit allowed for is subsequent would have a pro-rated credit available over a tax years. 10-year period beginning either with the year of investment or the following year per election of the tax Credit Computation schedule is designed to the taxpayer. if the taxpayer places investment accommodate all or any part of these tax credits. Contained into service over a period of up to three tax within the schedule and instructions is more detailed years per certified multiple year project, then the information regarding the economic Opportunity tax Credits. taxpayer would have as many as three separate pro-rated credit streams beginning on up tothree Instructions for Schedule EOTC-1 separate years. For example, a taxpayer with a Complete business identification section, including business multiple project certification has tax credits of $10 name, address, tax year, federal identification number and million, $5 million, and $2 million attributable to North American Industry Classification System (NAICS) the 2003, 2004 and 2005 tax years. This Taxpayer code. elects to begin claiming each tax credit in the year investment was first placed into service. Line 1 Investment Years: the investment window for Therefore, the Taxpayer has a pro-rated $1 million the economic Opportunity tax Credit is normally per year tax credit for the 2003-2012 period, a one full year. However, the investment window prorated $0.5 million per year tax credit for the for projects with a multiple year certification is 2004-2013 period, and a pro-rated $0.2 million up to three tax years. Enter the year(s) qualified per year tax credit for the 2005-2014 period. An investment is (was) placed into service. For economic Opportunity tax Credit is available to example, if you placed qualified investment into this taxpayer for a period covering 12 years. service during the 2003 tax year, you would enter 1/2003-12/2003 in the space provided for Column 1 [Year available] – enter the tax years for which Year 1. if you contemplate a multiple year project a pro-rated credit is available for use (e.g., 2003 in the first certification and your first investment year occurred row, followed by 2004 in the second row, and continuing in 2003, you would possibly add information for until 2012 in the tenth row). if your investment occurred in Year 2 when you complete this schedule for your 2003, then your first year should either be 2003 or 2004 [if 2004 tax return, and for Year 3 when you complete you elected to defer the beginning year of credit on your West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 5 of 7 |
Enlarge image | application Form eOtC-a]. Line 6 Annual Tax Offset Factor: the annual tax credit offset factor for 2015 depends upon the median Column 2 [Year 1] – enter the amount of pro-rated tax credit salary attributable to the new jobs in 2015. if available in each year over the 10-year period. the median salary is at least $48,198**, your tax offset factor is one hundred percent [100%] in Column 3 [Year 2] – if applicable and when applicable, enter 2015. Otherwise, your tax-offset factor is 80% in the amount of pro-rated tax credit available in each year for 2015. enter the median compensation paid this your actual investment during the second year of a multiple year to your new employees. For example, if you year project, beginning on the row that corresponds with the have 51 new jobs and you sort these jobs from year of such investment, or the following year if so elected highest paid to lowest paid, the salary paid to the by the Taxpayer. Column 4 [Year 3] – If applicable and 26th employee in this sort represents the median when applicable, enter the amount of pro-rated tax credit salary paid for this year. [See Administrative available in each year for your actual investment during the Notices for values for other years.] third year of a multiple year project, beginning on the row that corresponds with the year of such investment, or the tax credit application computation following year if so elected by the taxpayer. Line 7a Tax Subject to Credit Offset: Column 5 [total Credit] – sum up the total available tax credit for each applicable year (i.e., the amount in Column 2, pre-Credit Liability [Column 1] – Wherever applicable, enter Column 3, and Column 4). This represents the total available your adjusted pre-credit West Virginia state tax liability for economic Opportunity tax Credit available for tax liability State Business and Occupation Tax [B&O], Corporation Net reduction in each year, absent carryovers. income tax [Cnit] and personal income tax [pit]. total these liabilities on the last line. the adjusted pre-credit Line 5 Annual New Jobs/Payroll Factor Computation: personal income tax liability is tax liability directly attributable a). Pre-Credit Employment Levels: to the pass-through business profits of the business entity qualified to receive the Economic Opportunity Tax Credit. Column 1, Line 1-enter the number of full-time equivalent employees employed by you and other members of your payroll Factor [Column 2] – On each applicable row, enter controlled group within West Virginia during the twelve-month the payroll factor from section 5 b.) Column 3. this factor period prior to the first placement of qualified investment should roughly represent the portion of tax liability directly attributable to an economic Opportunity tax Credit into attributable to qualified investment. If this project involves service or use. the relocation of a corporate headquarters, the payroll factor only applies to tax attributable to apportioned business Column 2, Line 1-enter the total dollar amount of the annual income, and 100% of the tax attributable to allocated non- payroll associated with these employees for this year. business income may also be offset by the tax credit. Column 1, Line 2- enter the number of full-time equivalent Offset Factor [Column 3] – On each applicable row, enter the new jobs created as the result of your qualified investment. offset factor from section 6. this offset factor will either be 80% or 100% depending upon median compensation. Column 2, Line 2- enter the total dollar amount of the annual payroll associated with these new jobs for this year. Tax Subject To Credit Offset [Column 4] – On each applicable row, multiply the pre-Credit Liability amount in Column 1 by Column 1, Line 3- enter the total number of full-time both the payroll Factor in Column 2 and the Offset Factor equivalent employees employed by you and other members in Column 3 to arrive at the tax subject to Credit Offset in of your controlled group within West Virginia for this year. Column 4. Column 2, Line 3- enter the total dollar amount of the annual Line 7b Economic Opportunity Tax Credit Applied: payroll associated with all employees for this year. pre-Credit Liability [Column 1] – Wherever applicable, copy b). Payroll Factor: the amount from section 7a, Column 1. Column 1- enter the amount of new jobs payroll here [i.e., tax subject to Credit Offset [Column 2] – Wherever the amount in 5a). Column 2, Line 2]. applicable, copy the amount from Section 7A, Column 4. Column 2- enter the amount of total payroll from all jobs tax Credit applied [Column 3] – Use the total credit available here [i.e., the amount in 5a). Column 2, Line 3]. for this year from Section 4, Column 5 plus any credit carryover from prior years [section 8, Line 5 from last year’s Column 3- Divide the amount in Column 1 by the amount in WV/eOtC-1] to offset up to 100% of the amount of tax Column 2 and enter the result rounded to six decimals here. subject to Credit Offset in Column 2 for each applicable tax ** Per Administrative Notice 2014-21 West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 6 of 7 |
Enlarge image | starting with the Business and Occupation Tax [B&O]. The from section 8, Line 5 from last year’s WV/eOtC-1]. credit claimed may never exceed the value of tax subject to Credit Offset in Column 2. c. total Credit available this Year – sum the amounts from Line 1 and Line 2. this amount represents the total available After Credit Net Tax [Column 4] – Subtract the amount of Tax credit for use this year. Credit applied in Column 3 from the amount of pre-Credit Liability in Column 1. this represents the net amount of tax d. total Credit Used this Year – enter the sum of tax Credit due after application of the economic Opportunity tax Credit. Applied this year [the sum total of Section 7B, Column 3]. Line 8 Tax Credit Recap: e. Credit remaining for Carryover to next Year – subtract the amount of Total Credit Used This Year on Line 4 from the a. total Credit pro-rated For this Year – enter the amount amount of total Credit available this Year on Line 3. this of credit available for this tax year from Section 4, Column 5. amount is available for carryover to next year, unless next year represents the 13th Tax Year following the first year of b. Unused Credit Carryover from Last Year: - Enter the credit use. any economic Opportunity tax Credit remaining amount of any credit carried over from last year [the amount after 13 years of use is forfeited. West Virginia state tax Department eOtC-1 instructions — rev. 10/15 page 7 of 7 |