Enlarge image | Schedule MITC-1 MANUFACTURING INVESTMENT TAX CREDIT INSTRUCTIONS (For periods AFTER January 1, 2020) The purpose of the Manufacturing Investment Tax Credit is to Purchases of the following property will not qualify for the encourage the establishment of new industry, the expansion Manufacturing Investment Tax Credit: of existing industry, and the growth and revitalization of industrial facilities in West Virginia. 1. Property placed into service prior to January 1, 2003; 2. Motor vehicles licensed by the Department of Motor ELIGIBLE TAXPAYERS Vehicles; Eligibility for the Manufacturing Investment Tax Credit is 3. Airplanes; limited to taxpayers with manufacturing facilities within West Virginia. The term, “Manufacturing,” means any business 4. O -premisefftransportation equipment; activity classi fied as having a sector identi er, fi consisting 5. Property primarily used outside of West Virginia; of the first two digits of the sixdigit North American Industry 6. Property acquired incident to the purchase of the Classi fication System code number, of thirty-one, thirty-two, stock or assets of an industrial Taxpayer which was or or thirty-three. had been used by the seller in his industrial business AMOUNT OF CREDIT in West Virginia, or property in which investment was previously the basis of a tax credit taken under the The tax credit shall be limited to 5% of the total quali edfi business investment and jobs expansion tax credit investment for industrial expansion or revitalization. The tax (supercredit), industrial expansion and revitalization credit is applied and prorated over 10 consecutive years at tax credit, research and development tax credit, small a rate of 1/2% for each year. The amount of credit applied business tax credit, corporate headquarters relocation in any given year cannot reduce the taxpayer’s liability for tax credit, economic opportunity tax credit, strategic Severance Tax ( W. Va. Code §§11-13A-1 et seq.) and research and development tax credit, manufacturing Corporation Net Income Tax (W. Va. §§11-24-1 et seq.) by investment credit or any other tax credit allowable more than 60% (50% for tax years that began before January under current or former provisions of Chapter 11 of 1, 2009). Any unused credit for a particular year is forfeited. the West Virginia Code. PROPERTY PURCHASED FOR MANUFACTURING 7. Repair costs including materials used in the repair, INVESTMENT unless for federal income tax purposes, the cost of the Property purchased for manufacturing investment is de fined repair must be capitalized and not expensed; as real property improvements to realty, and tangible personal 8. Property not directly attributable to the creation or property, constructed or purchased on or after January 1, expansion of a manufacturing facility. 2003, for use as a component part of a new, expanded, or 9. Property acquired from certain persons or entities revitalized industrial facility. Only tangible personal property related to the credit claimant. with respect to which depreciation or amortization, in lieu of depreciation, is allowable in determining the federal income 10. Certain property having a carryover or referred federal tax liability of the industrial taxpayer, that has a useful life, tax basis, based on certain Internal Revenue Code at the time the property is placed in service or use in West provisions. Virginia of 4 years or more will qualify for credit. Useful life is COST OF QUALIFIED INVESTMENT PROPERTY actual economic useful life, the period over which the asset Net cost of quali fied property is the monetary consideration may reasonably be expected to be actively useful in the provided for acquisition of title or for lease or ownership of Taxpayer’s business. the subject property. Net cost does not include the value of LEASING OF PROPERTY property given in trade or exchange for property purchased for manufacturing investment. Leased property used as a component part of a new or expanded, industrial facility is considered property If property is damaged or destroyed by re, ood,fistormflor purchased for manufacturing investment if the property is other casualty, or is stolen, then the cost of replacement newly acquired on or after January 1, 2003, the lease term property does not include any insurance proceeds received is at least 10 years, and the rent to be paid over the primary in compensation for the loss. term of the lease is quanti fiable. However, lease renewals, subleases or assignments do not qualify. In the case of leased property acquired for a period of 10 years or longer, up to 20 years, cost is 100% of the rent to INELIGIBLE PROPERTY be paid over the primary term of the lease, not to exceed 20 WEST VIRGINIA STATE TAX DEPARTMENT MITC-1 Instructions — Rev. 9/2020 Page 1 of 3 |
Enlarge image | years. Lease renewals, options, and some subleases and Virginia prior to the end of the categorized useful life of the assignments cannot be considered. Leases for which the property must be recalculated for all tax years for which the amount of rent to be paid over the primary term cannot be credit based on that asset was applied, according to actual quanti fied will not qualify for purposes of the credit. useful life. For example, Company A invests $10 million in equipment with an assumed useful life of 8 years in 2003. In the case of self-constructed property, the cost of self- constructed property is the amount charged to the capital ($10M x 100% applicable percentage) x 5% = $500,000 account for purposes of depreciation. The credit for Company A is calculated to equal $500,000 or PROPERTY PURCHASED FOR MULTIPLE BUSINESS $50,000 per year for 10 years. USES ($500,000) ÷ 10 years = $50,000 credit available each year. In the case of property purchased and used partly as a component of a new, expanded, or revitalized industrial Company A moves this equipment to New York in 2008. facility and used partly in some other business or activity Therefore, the equipment’s actual useful life in West Virginia not eligible for credit (for example, in retail selling), the is reduced to only 5 years. The corresponding credit is cost of the property is apportioned between the quali ed fi reduced according to the above formula from $500,000 to and nonquali fied activities, and the amount apportioned $166,667 or $16,667 per year for 10 years. to the new or expanded or revitalized industrial facility is considered quali fied investment. The use of the property in (($10M x 331/3% applicable percentage) = $3,333,333.33) x the quali fied activity and nonquali fied activity, respectively, 5% = $166,666.67) must be thoroughly supported and explained by documents submitted with the application, and the amount of credit $166,666.67 ÷ 10 years = $16, 666.67 credit available each arising from investment in the multiple use property must be year based on cost allocated to the quali fied activity. A reconciliation statement for the 2003 through 2008 period ELIGIBLE INVESTMENT re fl ecting an over utilization of credit must then be submitted with payment of any additional tax, interest and penalties To determine the amount of eligible investment for the owed. manufacturing investment tax credit, the cost of each asset purchased is multiplied by the applicable percentage shown COMPUTATION OF MANUFACTURING INVESTMENT below according to the useful life of the property. TAX CREDIT If useful life is: The applicable percentage is: Computation of Eligible Investment: 4 years or more but less than 6 years 33 1/3% Column 1 Enter the net costs of the property in Column 6 years or more but less than 8 years 66 2/3% (1) on the appropriate line determined by the 8 years or more 100 % life of the property. EXAMPLE Col. 2 & 3 Multiply the net costs in Column (1) by the applicable percentages in Column (2). Enter On February 10, 2003, a Taxpayer purchases a machine at the results in Column 3. a cost of $25,000 for use in a new, expanded, or ongoing portion of its industrial facility, which has a useful life of 6 Line 4 Add the figures in Column (3) and enter on Line 4. years. This is the taxpayer’s eligible investment. The eligible investment is equal to $16,666.67. Computation of Potential Current Annual Credit: Eligible investment is calculated by multiplying the cost of Line 5 To determine the taxpayer’s total potential current the equipment, $25,000, times the applicable percentage annual credit, which can be taken over a period according to the useful life, 66 2/3%, to arrive at $16,666.67. of ten years, multiply the total eligible investment (Line 4) by 5%. Enter the result on Line 5. ($25,000 x 66 2/3% = $16,666.67) Computation of Current Annual Credit: The credit attributable to the asset is equal to 5% of the Line 6 To determine the taxpayer’s annual credit earned eligible investment or $833.33, (5% x $16,666.67 = $833.33). during the current taxable year, multiply the total potential credit on Line 5 by 10%. Enter on Line 6. This credit must be claimed over a period of 10 years at a Forfeited if not used. rate of 10% ($83.33) per year. Credit from Previous Years: CREDIT RECAPTURE Line 7 Enter any annual Manufacturing Investment Tax Credit attributable to property that ceases to be used in West Credit from prior year(s). For eligible investments WEST VIRGINIA STATE TAX DEPARTMENT MITC-1 Instructions — Rev. 9/2020 Page 2 of 3 |
Enlarge image | for multiple year(s), a worksheet must be Line 10g Enter the lesser of Line 8, or Line 10c, or Line provided showing the computation. [Reminder: 10f. This represents the maximum Manufacturing The Manufacturing Investment Tax Credit is rstfi Investment Tax Credit available against your available on or after January 1, 2003. The value Severance Tax liability. Also enter this amount on on this line is $0 in 2003]. the Severance Tax return. Computation of Total Annual Credit: Line 11 Annual Manufacturing Investment Tax Credit Line 8 To determine the total amount of credit available adjusted for Severance Tax Claim – Subtract the in the current taxable year, add the credit earned amount on line 10g from the amount on line 8. during the current year shown on Line 6 to the Line 12a Enter total pre-credit Corporation Net Income Tax amounts available from previous years shown on liability. Line 7. Enter the total on Line 8. Line 12b Enter sum of all other credits, if any, applied Line 9 Credit O ffset Factor – Enter 0.6 (i.e., 60%) if the against your Corporation Net Income Tax liability. current tax year began on or after January 1, 2009, otherwise enter 0.5 (i.e., 50%). Line 12c Subtract Line 12b from 12a. Line 10a. Enter total pre-credit Severance Tax liability. Line 12d Corporation Net Income Tax Manufacturing Investment Tax Credit Limit – Multiply the amount Line 10b Enter sum of Business Investment and Jobs on line 12a by the Credit O ffset Factor from Line 9. Expansion Credit (Super Credit), Industrial Expansion and Revitalization Credit, Research Line 12e Enter sum of Industrial Expansion and and Development Project Credit, Residential Revitalization Credit, Research and Development Housing Development Project Credit and Coal Project Credit, Residential Housing Development Loading Facilities Credit, if any, applied against Credit, and Aerospace Industrial Facility Credit if your Severance Tax liability. any, applied against your Corporation Net Income Tax liability. Line 10c Subtract Line 10b from 10a. Line 12f Subtract Line 12e from Line 12d. Line 10d Severance Tax Manufacturing Investment Tax Credit Limit – Multiply the amount on line 10a by Line 12g Enter the lesser of Line 11, or Line 12c, or Line the Credit O ffset Factor from Line 9. 12f. This represents the maximum Manufacturing Investment Tax Credit available against your Line 10e Enter sum of Industrial Expansion and Revitalization Corporation Net Income Tax liability. Also, enter Credit, Research and Development Project Credit this amount on the Summary of Corporation Net and Residential Housing Development Credit, if Income Tax Credits (Form CIT-120TC). any, applied against your Severance Tax liability. Line 10f Subtract Line 10e from Line 10d. WEST VIRGINIA STATE TAX DEPARTMENT MITC-1 Instructions — Rev. 9/2020 Page 3 of 3 |