13VAC5-112-160. Anti-churning.
The following shall not be included in the calculation of permanent full-time positions:
1. An employee for whom a credit under this chapter was previously earned by a related party, as defined by the Internal Revenue Code § 267(b) or a trade or business under common control;
2. A position in which an employee filling that position was previously employed in the same job function in Virginia by a related party, or a trade or business under common control;
3. A job function that was previously performed at a different location in Virginia by an employee of the taxpayer, a related party, or a trade or business under common control;
4. A position that previously qualified for a credit in connection with a different enterprise zone locality on behalf of the taxpayer, a related party, or a trade or business under common control; or
5. A position that was filled in the Commonwealth of Virginia and the trade or business where that position was located was purchased by another taxpayer.
Statutory Authority
§ 59.1-541 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 12, eff. March 21, 2007.