Schedule EOTC-1 INSTRUCTIONS FOR ECONOMIC OPPORTUNITY TAX CREDIT (FOR PERIODS AFTER JANUARY 1, 2015) GENERAL INFORMATION investment of $20 million or more that are constructed The purpose of the Economic Opportunity Tax Credit is to using construction labor and mechanics numbering 75 or promote net employment growth within West Virginia. In more employees or equivalent employees, who are paid return for net employment growth (e.g., ten (10) new jobs) an average wage of at least prevailing wage; the new jobs through capital investment, the State provides a tax credit to percentage for the 20 to 520 employee range is increased o ffset the additional taxes directly attributable to the quali fi ed by 5 percentage points. investment and new jobs. If New West Virginia Jobs Total at The Applicable least: Percentage is: The Economic Opportunity Tax Credit is available to quali fi ed businesses that make a quali fi ed investment (on or after January15 Corporate headquarters relocation only 10% 1, 2003) in a new or expanded business in West Virginia and, 10 10% as a result of this investment, create at least ten (10) new jobs. Quali fied business include only those engaged in the activities 20 20% of manufacturing, information processing, warehousing, non- 280 25% retail goods distribution, quali fied research and development, the relocation of a corporate headquarters, or destination- 520 30% oriented recreation and tourism. JOBS CALCULATION APPLICATION FOR CREDIT REQUIRED The new jobs percentage is based on the number of new Taxpayers must complete an Application for West Virginia jobs created in this State that are directly attributable to Economic Opportunity Tax Credit (Form WV/EOTC-A) with the quali fied investment in a new or expanded business the Tax Commissioner and receive written acknowledgment facility. The number of new jobs created by the investment of such application prior to claiming the credit. An annual is determined by the net increase in employment by the application must be submitted no later than the due date of business (or controlled group of businesses) in West Virginia the WV tax return or extension due date in order to assert over a base year level. The base year is the 12-month the credit. Schedule EOTC-A must be fi led on a timely basis period immediately preceding the placement of quali edfi before claiming tax credits. investment into service or use. The hours of quali ed fi CERTIFIED PROJECTS part-time employees may be aggregated to determine the 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 certi fied by the Tax Commissioner. A project eligible for certi fication is one in which: A “New Job” is one that did not exist in the business of the taxpayer in this State prior to the investment in the new or The quali fied investment creates at least ten (10) new jobs expanded business facility. This position must be filled by a but such investment is placed in service or use over a period new employee. The number of new jobs is the net of new of three (3) successive tax years rather than a period of 365 jobs created less any jobs lost in any part or segment of days or less. The investment is eligible for project certi fi cation the employer’s business in West Virginia over the same time only if made in accordance with a written business facility period. development plan, and the investment placed in service or use during the first year would not have been made without A “New Employee” is a West Virginia domiciled resident the expectation of making the quali fied investment placed in hired to fill one of the new jobs on a permanent basis. service or use during the next two (2) succeeding tax years. Temporary or seasonal employment does not qualify as a new job. Persons hired on a temporary or seasonal basis do A quali fied business creating at least ten (10) new jobs not qualify as new employees. within three (3) tax years is allowed a credit equal to 10% of its quali fied investment. This percentage increases with For all Economic Opportunity Tax Credit applications, an the number of new jobs created. A business creating at least estimation of the expected number of new jobs is made in the 20 new jobs is allowed a credit equal to 20% of its quali fied fi rst taxable year for which the credit is claimed. In the third tax investment, a business creating at least 280 new jobs is year the actual number of new jobs created must be certi fi ed allowed a credit equal to 25% of its quali ed fi investment, by the business. Adjustments must be made for the new jobs and a business creating at least 520 new jobs can claim percentage if the number of new jobs certi fi ed varies from the 30% of its quali fied investment. For projects having quali fied number of new jobs estimated. The allowable credit is then EOTC-1 Instructions Page 1 |
redetermined for prior and future years. Once certi fied, if the expanded business facility located in this State. The amount number of new jobs declines in any tax year, resulting in a of the quali fied investment is determined by the cost, or decreased new jobs percentage, the credit is redetermined. other basis, and the useful life of the property. However, if the number of new jobs subsequently increases Critical elements in the determination of quali fi ed investment to the former threshold, the credit will be reinstated. property for purposes of this credit are how, and from whom, A job is attributable to the quali fied investment if: the property is acquired; the acquisition date; date and term 1. The employee’s service is performed or his base of of a lease; transfer date; date placed in service or use in this operations is at the new or expanded facility; and State; as well as the useful life of the property. 2. The position did not exist prior to the making of the For the Economic Opportunity Tax Credit, qualifying investment investment in the new or expanded facility; and, property acquired and placed in service or use in this State on 3. The position exists only because of the investment in or after January 1, 2003 may be counted toward the credit. the new or expanded facility. Quali fied Investment Property May Include: Calculation of Full-Time Equivalent Employees 1. Real property and improvements thereto, having a The hours of quali fied part-time employees are aggregated useful life of four (4) or more years placed in service or to determine the number of equivalent full-time employees use in West Virginia on or after January 1, 2003. for the purpose of determining the applicable new jobs 2. Real property and improvements thereto, or tangible percentage. However, they may not be aggregated for the personal property acquired by written lease with a purpose of determining when a job is attributable to the primary term of ten (10) or more years placed in service quali fied investment. or use in West Virginia on or after January 1, 2003. Part-time employment quali fies if the employee works at 3. Depreciable or amortizable tangible personal property least twenty (20) hours per week for at least six (6) months placed in service or use in West Virginia on or after or 520 hours per year (26 weeks @ 20 hours per week). Full- January 1, 2003 with a useful life of four (4) or more time employment is 140 hours per month or 1,680 hours per years at the time the property is placed in service or use year (140 hours times 12 months). The following example in this State. illustrates a calculation of full-time equivalent employees: 4. Tangible personal property acquired by written lease Quali fied Employees Full-Time Net Full-Time having a primary term of four (4) or more years that was Equivalent Equivalent commenced and executed on or after January 1, 2003. 200 @ < 520 hrs 1,680 Do not Qualify* 5. Tangible personal property owned or leased, used at a 50 @ 750 hrs 1,680** = 22.32 business location outside this State which is moved into 20 @ 1,500 hrs 1,680** = 17.86 this State on or after January 1, 2003. If owned, property must be depreciable or amortizable and have a useful 6 @ 1,700 hrs 1,680*** = 6.00 life of four (4) or more years remaining at the time the 4 @ 2,080 hrs 1,680*** = 4.00 property is placed in service or use in this State. If leased, Total Net Full-time Equivalent Employees = 50.18 the primary term of the lease remaining at the time the * Must work for at least 6 months at 20 or more hours per week to qualify property is placed in service or use in West Virginia must ** These employees work at least 20 hours per week for at least 6 months be four (4) or more years. during the year *** Hours beyond 1,680 may not be counted as additional employees. Quali fied Investment Property May Not Include: Required Employment Records 1. Property owned or leased, for which another tax credit The taxpayer must maintain records to establish the (e.g. for Manufacturing Investment Tax Credit, Industrial following: Expansion and Revitalization; or Research and Development Projects) has been taken by the taxpayer, 1. Total full-time equivalent employment in place during seller, lessor, or other transferor. the year immediately preceding the year quali ed fi investment was first placed into service or use. 2. Repair costs, unless capitalized for federal income tax 2. Total full-time equivalent employment in place during purposes. each year of the project. 3. Airplanes. Such records must be retained for a period of three (3) years 4. Property primarily used outside this State. after the last year for which the credit is claimed. 5. Property acquired incidental to the purchase of the stock QUALIFIED INVESTMENT PROPERTY or assets of the seller. This restriction can be waived by Quali fied investment property is property constructed, the Tax Commissioner. purchased, leased or transferred into West Virginia and 6. Natural resources in place. placed in service or use, as a component of a new or 7. Property purchased or leased, the cost of which cannot EOTC-1 Instructions Page 2 |
be quanti fied when such property is placed in service. include rent for any year subsequent to the expiration 8. Property not directly attributable to the quali ed fi of the book life of the property, determined by use of the investment activity (e.g. recreational boat, vehicle for straight line method of depreciation. personal use). 7. For qualifying property purchased for multiple use the cost must be pro-rated. Date Placed In Service or Use 8. For self-constructed property the cost is the amount Property is considered to be placed in service or use in the properly charged to the capital account for depreciation earlier of: in accordance with federal income tax law. 1. The taxable year in which, under the taxpayer’s 9. The cost of property transferred into this State is depreciation practice, the period for depreciation for determined based on remaining useful life of the such property begins; or property at the time it is placed in service or use in this 2. The taxable year in which the property is placed in a State. The cost is the original cost of the property to the condition of state or readiness and availability for a taxpayer less straight line depreciation allowable for tax speci fically assigned function. years, or portions of tax years, the property was used outside West Virginia. Required Records 10. For leased tangible personal property transferred into For each item of quali edfiproperty, the taxpayer must this State, the cost is based on the period remaining in maintain records to establish the following: the primary term of the lease after the property is brought 1. Its identity. into this State for use in a new or expanded business. 2. Its actual or reasonably determined cost. The cost is the rent reserved for the remaining period of 3. The month and taxable year in which it was placed in the primary lease term, not to exceed twenty (20) years service or use. or the remaining useful life, whichever is less. 4. Its straight line depreciation. 11. For leased property placed into service for which the 5. The amount of credit taken. cost is not quanti fiable at the outset of the lease, only 6. The date it was disposed of or otherwise ceased to be the quanti fiable portion, if any, may be aggregated as a quali fied property. quali fied investment. Such records must be retained for a period of three (3) years 12. The cost of relocating corporate headquarters is the after the last year for which the credit is claimed. expenses incurred and paid by the corporation to unrelated third parties and which have been certi fied by Cost or Other Basis the Tax Commissioner to have been both reasonable 1. The cost of purchased property may not include the and necessary to e ff ectuate the move. value of property given in trade or exchange for the property purchased. Corporate Headquarters Relocation 2. The cost of replacement property may not include The Corporate Headquarters Relocation Credit is allowable any insurance proceeds received in compensation for for corporate headquarters placed in service or use in property damaged or destroyed by fire, flood, storm or West Virginia on or after January 1, 2003. An out-of-state other casualty or is stolen. corporation relocating its headquarters to West Virginia is allowed a tax credit if it employs at lease fteen fi(15) 3. The cost of real property with a written primary lease domiciled West Virginia residents on a full-time basis at its term of ten (10) or more years is 100% of the rent new location. reserved for the primary term of the lease, not to exceed twenty (20) years. The adjusted quali fied investment is the same as the quali fi ed investment determined for the Economic Opportunity Tax 4. The cost of tangible personal property with a written Credit, plus the cost of reasonable and necessary expenses primary lease term of at least four (4) years but less than incurred to relocate the corporate headquarters. six (6) years is one-third (1/3) of the rent reserved for the primary term of the lease. The amount of the credit is determined by multiplying the adjusted quali fied investment by 10 percent (10%). However, 5. For tangible personal property with a written primary if at least twenty (20) jobs are attributable to the relocation or a lease term of at least six (6) years but less than eight (8) combination of other quali fi ed investment and the relocation, years, the cost is two-thirds (2/3) of the rent reserved for the regular Economic Opportunity Tax Credit percentages the primary term of the lease. beginning at twenty percent (20%) may be used. 6. For tangible personal property with a written lease term of eight (8) or more years, the cost is 100% of the CALCULATION OF rent reserved for the primary term of the lease, not to ECONOMIC OPPORTUNITY TAX CREDIT exceed twenty (20) years. The rent reserved may not The credit is determined by multiplying the amount of the EOTC-1 Instructions Page 3 |
taxpayer’s quali fied investment by the taxpayer’s new jobs is forfeited. Any Credit claimed during the first three (3) percentage and is generally applied over a ten (10) year years must be paid back (recaptured) with interest and a period (at 1/10th per year) beginning in the taxable year in ten (10%) percent penalty. which the quali fied investment is placed in service or use, 2. Failure to maintain the minimum number of new jobs or, at the taxpayer’s option, in the next succeeding tax year. in any year subsequent to the initial three-year (3) For example, a Credit of $200,000 attributable to $1 million period (i.e. years four (4) through ten (10)): The credit is of quali fied investment made in 2013 is applied at a rate of forfeited for any year in question, but may be reinstated $20,000 per year for the 2013-2022 period, or alternatively, for any remaining year in which the minimum number at a rate of $20,000 per year for the 2014-2023 period. is attained, thus enabling the taxpayer to utilize the full This calculation of quali edfi investment is determined by annual credit allowance for that taxable year. multiplying the net cost of eligible property by its applicable 3. Failure to maintain the number of jobs necessary to useful life percentage based on the projected actual economic attain a jobs percentage in the 25% to 30% category: useful life of the asset. The following percentages apply: The credit for year (s) a ectedff must be redetermined The Applicable to re flect the jobs percentage attributable to the actual If Useful Life is: Percentage is: employment increase. Less than 4 years 0 % 4. Credit attributable to property that ceases to be used 4 years or more but less than 6 years 33 ⅓% in this State prior to the end of its categorized useful 6 years or more but less than 8 years 66 ⅔% life must be recalculated for all tax years according to actual useful life. If the recalculation of credit according 8 years or more 100 % to actual useful life results in an overutilization in a For example, if a Taxpayer purchases a machine for $25,000, previous year, then a reconciliation statement must be for use in a new industrial facility, which has a useful life of fi led with the payment of any additional tax and interest six (6) years, the quali fied investment is equal to $16,666.66. due. Credit attributable to property with a useful life of The $25,000 investment is multiplied by the applicable less than four (4) years is forfeited for all years. useful life percentage of 66 2/3% to arrive at $16,666.66 in quali fied investment. EXAMPLE The credit can o setff a portion of the tax attributable to Company A creates 50 new jobs and invests $10 million in quali fied investment for the Business and Occupation Tax, equipment with a designated useful life of eight (8) years Corporation Net Income Tax, and Personal Income Tax, in in 2013. The credit for Company A is calculated to equal the order stated. $2,000,000 or $200,000 per year for ten (10) years. However, Company A moves this equipment to New York in 2018; The Economic Opportunity Tax Credit is generally available therefore the equipment’s actual useful life in West Virginia for investment placed into service or use over a period of is reduced to only five (5) years. The corresponding credit 365 days, beginning on the date when property purchased is reduced according to the above formula from $2,000,000 or leased for business expansion is first placed into service to $666,667 or $66,667 per year for ten (10) years. A or use. Provisions are available for multiple year projects as reconciliation statement for tax years 2013 through 2018 long as project certi fication has been obtained from the Tax re flecting an overutilization of credit must be led fiwith Commissioner. payment of any additional tax, interest, and penalties owed. REDETERMINATION, FORFEITURE, AND Redetermination is not Required: RECAPTURE OF CREDIT 1. For a mere change in the form of conducting business. If during any taxable year, property used as a quali ed fi However, the property must be retained in a business investment for any of these credits is disposed of prior to in this State and the taxpayer must retain a controlling the end of its useful life or ceases to be used in an eligible interest in the successor business . business, the unused portion of the credit attributable to that investment is forfeited for the taxable year and all 2. If the forfeiture occurs because property is stolen, or ensuing years. Forfeiture also applies if the taxpayer ceases damaged by fire, fl ood, storm, or other casualty. operation of a business facility for which credit was allowed 3. If the business is transferred or sold to a successor before expiration of the useful life of the quali fied investment business in this State. According to laws governing the property. The failure to create or maintain the necessary credit, any available credit allowed for is subsequent tax number of new jobs for credit entitlement also results in years. credit forfeiture. The Tax Credit Application Computation is designed to Redetermination, Forfeiture, and Recapture of Credit accommodate all or any part of these tax credits. Contained within the schedule and instructions is more detailed 1. Failure to create the minimum number of new jobs within information regarding the Economic Opportunity Tax Credits. the required two to three year period: The entire credit EOTC-1 Instructions Page 4 |
INSTRUCTIONS FOR SCHEDULE EOTC-1 the 2013, 2014 and 2015 tax years. This Taxpayer Complete business identi fication section, including business elects to begin claiming each tax credit in the year name, address, tax year, federal identi fication number and investment was fi rst placed into service. Therefore, North American Industry Classi fi cation System (NAICS) code. the Taxpayer has a pro-rated $1 million per year tax credit for the 2013-2022 period, a prorated $0.5 Line 1 Investment Years: The investment window for million per year tax credit for the 2014-2023 period, the Economic Opportunity Tax Credit is normally and a pro-rated $0.2 million per year tax credit for one full year. However, the investment window the 2015-2024 period. An Economic Opportunity for projects with a multiple year certi cation fi is Tax Credit is available to this Taxpayer for a period up to three tax years. Enter the year(s) quali edfi covering 12 years. investment is (was) placed into service. For Column 1 [Year Available] – Enter the tax years for which example, if you placed quali edfi investment into a pro-rated credit is available for use (e.g., 2013 service during the 2013 tax year, you would in the first row, followed by 2014 in the second enter 1/2013-12/2022 in the space provided for row, and continuing until 2022 in the tenth row). Year 1. If you contemplate a multiple year project If your investment occurred in 2013, then your certi fication and your first investment year occurred fi rst year should either be 2013 or 2014 [if you in 2013, you would possibly add information for elected to defer the beginning year of credit on Year 2 when you complete this schedule for your your Application Form EOTC-A]. 2014 tax return, and for Year 3 when you complete Column 2 [Year 1] – Enter the amount of pro-rated tax credit this schedule for your 2015 tax return. available in each year over the 10-year period. Line 2 Investment Summary [only for quali ed fi Column 3 [Year 2] – If applicable and when applicable, enter investment during the year]: Enter the net costs the amount of pro-rated tax credit available in of the property in Column (1) on the appropriate each year for your actual investment during the line determined by the life of the property. Then second year of a multiple year project, beginning multiply the net costs in Column (1) by the on the row that corresponds with the year of such applicable percentages in Column (2). Enter the investment, or the following year if so elected by results in Column (3). Add the figures in Column the Taxpayer. (3) and enter on Line 4 of this section. The amount Column 4 [Year 3] – If applicable and when applicable, enter on Line 4 represents the Taxpayer’s quali edfi the amount of pro-rated tax credit available in each investment for this year. year for your actual investment during the third year of a multiple year project, beginning on the row that Line 3 Available Credit Calculation: Enter your corresponds with the year of such investment, or quali fied investment from Line 4 above in Column the following year if so elected by the Taxpayer. (1). Enter the appropriate new jobs percentage in Column 5 [Total Credit] – Sum up the total available tax credit Column (2). Then multiply the quali fi ed investment for each applicable year (i.e., the amount in Column in Column (1) by the new jobs percentage in 2, Column 3, and Column 4). This represents the Column (2) and enter the result in Column (3). The total available Economic Opportunity Tax Credit amount entered in Column 3 represents your total available for tax liability reduction in each year, available credit attributable to this year’s quali fied absent carryovers. investment. This credit must be pro-rated for use over a ten-year period. Multiply the available credit Line 5 Annual New Jobs/Payroll Factor Computation: in Column (3) by 10% to arrive at the pro-rated a). Pre-Credit Employment Levels: available credit in Column (4). Column 1 Line 1 Enter the number of full-time equivalent Line 4 Pro-Rated Credit Allocation Summary: This employees employed by you and other members section provides for 10 years of credit information. If of your controlled group within West Virginia during the Taxpayer places investment into service over a the twelve-month period prior to the fi rst placement single tax year, the Taxpayer would have a pro-rated of quali fied investment attributable to an Economic credit available over a 10-year period beginning Opportunity Tax Credit into service or use. either with the year of investment or the following Column 2 Line 1 Enter the total dollar amount of the annual year per election of the Taxpayer. If the Taxpayer payroll associated with these employees for this places investment into service over a period of up year. to three tax years per certi fi ed multiple year project, Column 1 Line 2Enter the number of full-time equivalent then the Taxpayer would have as many as three new jobs created as the result of your quali edfi separate pro-rated credit streams beginning on up investment. tothree separate years. For example, a Taxpayer Column 2 Line 2 Enter the total dollar amount of the annual with a multiple project certi fi cation has tax credits of payroll associated with these new jobs for this $10 million, $5 million, and $2 million attributable to year. Column 1 Line 3 Enter the total number of full-time equivalent EOTC-1 Instructions Page 5 |
employees employed by you and other members Column 4Tax Subject To Credit O ffset On each applicable of your controlled group within West Virginia for row, multiply the Pre-Credit Liability amount in this year. Column 1 by both the Payroll Factor in Column 2 Column 2 Line 3Enter the total dollar amount of the annual and the O ffset Factor in Column 3 to arrive at the payroll associated with all employees for this year. Tax Subject To Credit O ff set in Column 4. b). Payroll Factor: Line 7b Economic Opportunity Tax Credit Applied: Column 1 Enter the amount of new jobs payroll here [i.e., the Column 1 Pre-Credit Liability Wherever applicable, copy amount in 5a). Column 2, Line 2]. the amount from Section 7A, Column 1. Column 2Enter the amount of total payroll from all jobs here Column 2Tax Subject To Credit O set ff Wherever [i.e., the amount in 5a). Column 2, Line 3]. applicable, copy the amount from Section 7A, Column 3 Divide the amount in Column 1 by the amount Column 4. in Column 2 and enter the result rounded to six Column 3 Tax Credit Applied Use the total credit available decimals here. for this year from Section 4, Column 5 plus any Line 6 Annual Tax O ffset Factor: The annual tax credit credit carryover from prior years [Section 8, Line 5 o ffset factor for 2015 depends upon the median from last year’s WV/EOTC-1] to o ff set up to 100% salary attributable to the new jobs in 2015. If of the amount of Tax Subject To Credit O setff in the median salary is at least $48,198 , your* tax Column 2 for each applicable tax starting with o ffset factor is one hundred percent [100%] in the Business and Occupation Tax [B&O]. The 2015. Otherwise, your tax-o ffset factor is 80% in credit claimed may never exceed the value of Tax 2015. Enter the median compensation paid this Subject To Credit O ffset in Column 2. year to your new employees. For example, if you Column 4 After Credit Net Tax Subtract the amount of Tax have 51 new jobs and you sort these jobs from Credit Applied in Column 3 from the amount of highest paid to lowest paid, the salary paid to the Pre-Credit Liability in Column 1. This represents 26th employee in this sort represents the median the net amount of tax due after application of the salary paid for this year. [See Administrative Economic Opportunity Tax Credit. Notices for values for other years.] Line 8 Tax Credit Recap: TAX CREDIT APPLICATION COMPUTATION a. Total Credit Pro-Rated For This Year – Enter the Line 7a Tax Subject to Credit O ffset: amount of credit available for this tax year from Column 1 Pre-Credit Liability Wherever applicable, enter Section 4, Column 5. your adjusted pre-credit West Virginia State tax b. Unused Credit Carryover from Last Year: - Enter liability for State Business and Occupation Tax the amount of any credit carried over from last [B&O], Corporation Net Income Tax [CNIT] and year [the amount from Section 8, Line 5 from last Personal Income Tax [PIT]. year’s WV/EOTC-1]. Total these liabilities on the last line. The adjusted c. Total Credit Available This Year – Sum the amounts pre-credit Personal Income Tax liability is tax from Line 1 and Line 2. This amount represents liability directly attributable to the pass-through the total available credit for use this year. business pro fits of the business entity quali fied to receive the Economic Opportunity Tax Credit. d. Total Credit Used This Year – Enter the sum of Tax Column 2 Payroll Factor On each applicable row, enter the Credit Applied this year [the sum total of Section payroll factor from Section 5 b.) Column 3. This 7B, Column 3]. factor should roughly represent the portion of tax e. Credit Remaining for Carryover to Next Year – liability directly attributable to quali fied investment. Subtract the amount of Total Credit Used This If this project involves the relocation of a corporate Year on Line 4 from the amount of Total Credit headquarters, the payroll factor only applies to Available This Year on Line 3. This amount is tax attributable to apportioned business income, available for carryover to next year, unless next and 100% of the tax attributable to allocated non- year represents the 13th Tax Year following the business income may also be o setff by the tax fi rst year of credit use. Any Economic Opportunity credit. Tax Credit remaining after 13 years of use is Column 3O ffset Factor On each applicable row, enter the forfeited. o ffset factor from Section 6. This o ffset factor will either be 80% or 100% depending upon median compensation. — Rev. 08/2022 * Per Administrative Notice 2014-21 EOTC-1 Instructions Page 6 |