Burden of proof; application required; failure to make timely application

11.1. Burden of proof. -- The burden of proof is on the taxpayer to establish by clear and convincing evidence that the taxpayer is entitled to the benefits allowed by W. Va. Code §11-13KK-1, et seq., and this rule.

11.2. Application for credit required. --

11.2.1. Application required. -- No credit is allowed or may be applied under W. Va. Code §11-13KK-1, et seq., or this rule for any qualified investment property placed in service or use until the person asserting a claim for the allowance of credit under W. Va. Code §11-13KK-1, et seq., and this rule makes written application to the Tax Commissioner for allowance of credit as provided in this section heading.

11.2.1.a. An application for credit shall be filed, in the form prescribed by the Tax Commissioner, no later than the last day for filing the tax returns, determined by including any authorized extension of time for filing the return, required under W. Va. Code §11-21-1, et seq., or §11-24-1, et seq, for the taxable year in which the property to which the credit relates is placed in service or use. The form to apply for the credit is available online at https://tax.wv.gov.

11.2.1.b. All information required by the form shall be provided, or the application will be rejected.

11.2.2. Failure to make timely application. -- Failure to timely apply for the credit results in forfeiture of 50 percent of the annual credit allowance otherwise allowable under W. Va. Code §11-13KK-1, et seq., and this rule. This penalty applies annually until the application is filed.