SCHEDULE R & D
(Rev. 03/05)
CREDIT FOR RESEARCH AND DEVELOPMENT PROJECTS
For Qualified Expenses Incurred on or Before December 31, 2002
The Credit for Research and Development Projects was enacted to provide incentives to industrial taxpayers to conduct research and
development projects in West Virginia.
NOTE:
The Credit for Research and Development Projects may no longer be applied to reduce Sales and Use Taxes for taxable
purchases of tangible personal property or services made for taxable years ending after June 30, 1993.
ELIGIBLE TAXPAYERS
Eligibility for the Research and Development Projects Credit is limited to the following taxpayers:
1.
manufacturing products within West Virginia; (food processors are not classified as manufacturers)
2.
producing natural resource products within West Virginia; and
3.
generating electric power within West Virginia.
ELIGIBLE RESEARCH AND DEVELOPMENT PROJECT
Eligible research and development project means a research and development project engaged in or conducted within this State, by a
person who is engaged in this State in the business of producing natural resources or in an industrial business when such research
and development project is conducted for purposes relating to the technical, economic, financial, engineering or marketing aspects of
expanding markets for, and increasing sales of, this State’s natural resource products, or industrial products (or both).
AMOUNT OF CREDIT
The tax credit shall be limited to 10% (1% for each of ten consecutive years) of the total qualified investment in a research and development
project. The amount of credit employed in a given year shall not reduce the taxpayer’s liability for Business and Occupation Tax (§ 11-
13), Severance Tax (§ 11-13A), Business Franchise Tax (§ 11-23), and Corporation Net Income Tax (§ 11-24) by more than 50%. Any
unused credit for a particular year is forfeited.
Whenever the taxpayer chooses to apply the credit against Corporation Net Income Tax liability, the taxpayer must first add back 10% of
the research and development expenses associated with the West Virginia Research and Development Project Credit (as deducted for
federal tax purposes) to federal taxable income. This credit application against Corporation Net Income Tax is available only for tax years
beginning on or after January 1, 1989.
QUALIFIED PROPERTY FOR RESEARCH AND DEVELOPMENT PROJECT
Property purchased for an eligible research and development project is defined as all real property and improvements thereto, and tangible
personal property, constructed or purchased for use as a component part of an eligible research and development project located within
West Virginia on or after July 1, 1985.
Tangible personal property is included within the above definition only if depreciation or amortization in lieu of depreciation, is allowable
in determining Personal Income Tax or Corporation Net Income Tax of the purchaser. The property to be included must have a useful
life of four years or more. Useful life is defined as the period over which the asset may reasonably be expected to be useful in the taxpayer’s
business.
The leasing of property for a term of ten years or longer, if used as a component part of an eligible research and development project shall
be considered property purchased for an eligible research and development project.
INELIGIBLE PROPERTY
Property purchased for research and development shall not include the following:
(1) Repair costs, including materials used in making the repair;