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110CSR21C

4.3. The sale, assignment or transfer of the certified historic structure, absent the sale, assignment or transfer of the credit, does not entitle the purchaser, assignee or transferee of the structure to claim the credit that was certified for the structure. Further, no two parties may claim the credit for the same tax year.

4.4. In cases where the credit that was granted pursuant to W. Va. Code §§ 11-21-8a or 11-24-23a has been sold, assigned or otherwise transferred, the recipient of the credit is subject to the requirements set forth in W. Va. Code §§11-21-8a(a) or 11-24-23a(a), as amended in 2017.

4.4.a. Specifically, the transferee, purchaser, or assignee is not entitled to this credit if, on the date of transfer and throughout the time period within which the credit is claimed, the transferee, assignee, or purchaser is in arrears in the payment of any tax administered by the Tax Division or the transferee, assignee, or purchaser is delinquent in the payment of any local or municipal tax, or the transferee, assignee, or purchaser is delinquent in the payment of property taxes on the property containing the certified historic tax structure throughout the time period within which the credit is claimed.

4.4.b. Provided that the transferee, assignee, or purchaser will not lose eligibility to claim the credit when the property taxes on the property containing the certified historic tax structure are delinquent, if the transferee, assignee, or purchaser can demonstrate by documentation that he or she was not subject to the property tax on the property containing the certified historic tax structure during the tax period in which the credit is claimed.

4.5. Documentation of the transferor, assignor, or seller taxpayer’s as well as the transferee, assignee, or purchaser taxpayer’s good standing, as described in Section 5 of this rule, must be submitted to the State Historic Preservation Office along with the request for the Certificate of Approval, the requirement of which is set forth in W. Va. Code §11-21-8h(a). If this documentation is not submitted, then the request for Certificate of Approval will not be considered complete.

§ 110-21C-5. Method to demonstrate good standing with state, local, municipal and county taxing authorities.

5.1. Demonstration of good standing during the application process. — When requesting certification for the credits that are granted pursuant to W. Va. Code §§11-21-8a and 11-24-23a, the taxpayer must include documentation demonstrating the taxpayer’s good standing in the following manner.

5.1.a. The documentation of good standing shall be submitted with the Request for Certification to the State Historic Preservation Office and must address the time period between the initial application for the Qualified Rehabilitated Building Credit through the end of the tax period immediately prior to the date of the Request for Certification. Prior tax arrearages and delinquencies must have been resolved prior to the time the documentation of good standing is issued.

5.1.b. The Request for Certification will not be complete without the documentation of good standing.

5.2. Demonstration of good standing during the period the tax credit is claimed. — When claiming the credits that are granted pursuant to W. Va. Code §§11-21-8a and 11-24-23a, the taxpayer must

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