General

1.1. Scope. -- This interpretive rule sets forth the State Tax Commissioner’s interpretation of W. Va. Code §11-13EE-1, et seq., originally enacted in Enrolled H.B. 3144 (2019), amended by Enrolled H. B. 4439 (2020), and amended further by Enrolled S. B. 718 (2021). W. Va. Code §11-13EE-1, et seq. provides a coal severance tax rebate when a taxpayer’s qualified capital investment results in taxpayer’s increased coal production and an increase in the taxpayer’s workforce.

1.2. Authority. -- W. Va. Code §§11-13EE-14 and 11-10-5.

1.3. Filing Date. -- May 2, 2022.

1.4. Effective Date. -- June 2, 2022.

1.5. Applicability. -- The coal severance tax rebate is available to eligible taxpayers that make a qualified capital investment in a new or existing mine, which is placed in service or use in this state on or after July 1, 2019, and that results in an increase in coal production and in the taxpayer’s workforce, in accordance with S.B.18 passed during the 2021 General Legislative Session. S.B.718 superseded the provisions of H.B. 3144 passed during the 2019 General Legislative Session and the provisions of H.B. 4439 passed during the 2020 General Legislative Session. The qualified investment may be in the form of new machinery or equipment, repairs or refurbishment of machinery or equipment that is capitalized for federal income tax purposes, or infrastructure improvements to real property.