Form Wv/ag-1 - West Virginia Environmental Agricultural Equipment Tax Credit Page 2
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7STREAM CHANNEL STABILIZATION SYSTEM
CLAIMING THE TAX CREDIT
An established structure for the stabilization of the chan-
Once the investment in qualified agricultural equipment has been
nel of a stream.
made, the equipment placed into service, and the proper certifica-
STREAM CROSSING OR ACCESS PLAN
tions obtained, complete Form WV/AG-1, West Virginia Environ-
The maintenance of a stabilized area to provide for cross-
mental Agricultural Equipment Tax Credit, to claim this credit.
ing of a stream by livestock and farm machinery, or to
Corporations can claim the credit against that portion of the corpo-
provide access to the stream for livestock water.
ration net income tax liability that is attributable to agricultural op-
WASTE MANAGEMENT SYSTEM
erations in this state.
A planned system in which all necessary components are
installed for managing liquid and solid waste, including
Individuals can claim the credit against that portion of their per-
runoff from concentrated waste areas at an agricultural
sonal income tax liability that is attributable to agricultural opera-
operation, in a manner that does not degrade air, soil, or
tions in this state.
water resources
.
Pass-through entities, such as partnerships, S corporations and
WASTE STORAGE FACILITY
limited liability companies taxable as partnerships will pass the
A waste impoundment made by constructing an embank-
credit through to the partners, S corporation shareholders, or mem-
ment and/or excavating a pit or dugout, or by fabricating
bers based upon their percentage of ownership in the pass-through
a facility for the storage of waste from livestock or poultry
entity. Subsequently, the partner, shareholder, or member can claim
the credit against that portion of their personal income tax liability
WASTE TREATMENT LAGOON
that is attributable to agricultural activity in this state.
An impoundment made by excavation or earthfill for bio-
logical treatment of animal or other agricultural waste that
AMOUNT OF CREDIT
is located on or at agricultural operations in this state.
The credit is equal to 25% of the price of all certified expenditures
for qualified agricultural equipment during the taxable year.
PROOF OF ENTITLEMENT TO CREDIT
Expenditires for land do not qualify.
The amount of credit claimed in any one given year may not ex-
In order to use this credit, the taxpayer must submit with the tax
ceed $2,500.00 or the total amount of the taxpayer's liability under
credit schedule, adequate proof of entitlement to the credit for each
either the corporation net income tax, personal income tax, or per-
and every item for which credit is claimed. Adequate proof con-
sonal income tax attributable to the flow through of income from
sists of:
an S Corporation, partnership, or limited liability company that is
attributable to agricultural operations in this state.
Proof of purchase and installation which must be legible, com-
plete and sufficiently specific to clearly identify the item as quali-
If the amount of the credit exceeds the tax liability attributable to
fied agricultural equipment and actually purchased and installed
agricultural activity for the taxable year, the excess amount may be
by the taxpayer, and
carried over and applied as a credit in each of the next five (5)
taxable years unless used sooner. When carrying forward the credit,
Written certification by the Commissioner of Agriculture that each
the amount carried forward must be claimed first before claiming
item purchased is in fact qualified agricultural equipment. For ad-
any new credit from purchases during the current taxable year.
vanced technology pesticide and fertilizer application equipment,
Credit for any purchase of qualified agricultural equipment may be
the certification is not obtained from the Commissioner of Agricul-
used by only one business entity, is limited to the tax liability attrib-
ture, instead the written certification must be obtained in writing
utable to agricultural operations in this state, cannot exceed the
from the West Virginia Division of Environmental Protection. For
actual amount paid by the taxpayer, may not be assigned or other-
mortality incinerators, the certification is obtained from the Office
wise transferred to any other taxpayer, and is not available for pur-
.
of Air Quality
chases for resale or for any other purpose other than for use in the
Contact the Commissioner of Agriculture at:
taxpayer's own agricultural operations in this state.
Department of Agriculture
Administrative Services
FOR ADDITIONAL INFORMATION ABOUT THIS CREDIT
1900 Kanawha Boulevard East
CONTACT:
Charleston, WV 25305
Telephone: (304) 558-2201
WEST VIRGINIA TAX COMMISSION
TAXPAYER SERVICES DIVISION
Contact the Office of Air Quality at:
P. O. BOX 3784
Office of Air Quality
CHARLESTON, WV 25337-3784
1558 Washington Street East
Charleston, WV 25311
FOR ASSISTANCE CALL: (304) 558-3333
Telephone: (304) 558-2275
TOLL FREE WITHIN WV: 1-800-982-8297
TDD FOR THE HEARING INPAIRED: 1-800-282-9733
Contact the Division of Environmental Protection at:
TO ORDER FORMS CALL: (304) 344-2068
West Virginia Division of Environmental Protection
OR
10 McJunkin Road
TOLL FREE WITHIN WEST VIRGINIA: 1-800-422-2075
Nitro, WV 25143
Telephone: (304) 759-0515
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