West Virginia Agriculture R&D Tax Credit

West Virginia Agriculture R&D Tax Credit for Farms and Agribusinesses

West Virginia farms and agribusinesses may perform technical work involving livestock, poultry, crops, equipment, production methods and agricultural technology. When these activities involve qualified experimentation, some related expenses may qualify for the federal R&D Tax Credit under IRC §41.


Unlike Michigan, Pennsylvania and Indiana, West Virginia does not currently provide a new broad state R&D tax credit for research expenditures. The state's former Strategic Research and Development Tax Credit expired for new qualified investments and expenditures beginning January 1, 2014.


For West Virginia agricultural businesses, the federal R&D Tax Credit and potential Cost Segregation opportunities are therefore particularly important areas to evaluate.



RCG Tax Partners helps agricultural businesses review potential R&D Tax Credit and Cost Segregation opportunities based on their activities, expenses and property..


Can West Virginia Farms Qualify for the Federal R&D Tax Credit?

Potentially. Farms and agribusinesses may qualify when their technical activities satisfy the federal requirements for qualified research.



Agricultural activities that may warrant review include:

West Virginia Farming Activity Potential R&D Area
Poultry production Nutrition, production methods or process improvements
Cattle and livestock Feed formulation, animal-management or production testing
Crop and forage trials Testing varieties, inputs or growing methods
Orchard production Pest, disease or production experimentation
Agricultural equipment Designing or modifying machinery
Greenhouses Testing growing systems and environmental controls
Precision agriculture Sensors, software and monitoring systems
Food processing Developing or improving production processes

Routine farming activities do not automatically qualify. The underlying project must involve qualifying technical uncertainty and experimentation.


What Does a Farm Need to Meet the Federal R&D Test?

Agricultural R&D generally must satisfy the requirements of IRC §41.

The research should involve:

A Permitted Purpose: Developing or improving the function, performance, reliability or quality of a product or process.

Technical Uncertainty: Attempting to determine capability, methodology or appropriate design.

A Process of Experimentation: Evaluating alternatives through testing, modeling, systematic trial and error or another technical process.

Technology-Based Research: Fundamentally relying on physical or biological science, engineering or computer science.


Agricultural research involving animal science, agronomy, horticulture, engineering or agricultural technology may warrant review when these requirements are satisfied.


Does West Virginia Have an R&D Tax Credit?

West Virginia previously offered the Strategic Research and Development Tax Credit.



However, the program terminated on January 1, 2014, and no new credit is available under that program for qualified investments or expenditures made on or after that date..

R&D Opportunity Current Position
Federal R&D Tax Credit Potentially available
New West Virginia Strategic R&D Credit Not available for post-2013 expenditures
Older approved WV R&D credits Certain previously earned credits may continue under applicable carryforward rules

This makes it important not to confuse West Virginia's former state credit with the federal R&D Tax Credit that remains available to qualifying businesses.


What Farm R&D Expenses May Qualify?

Qualified Research Expenses can include certain employee wages, research supplies and contract research expenses when they are connected to qualified research.


Eligible qualified small businesses may also elect to apply up to $500,000 of their research credit against payroll tax liability. The election is made using IRS Form 6765, with Form 8974 used to calculate the payroll tax credit applied to employment taxes.



Domestic R&E tax treatment also changed after the 2025 federal tax law changes. For tax years beginning after December 31, 2024, IRC §174A generally allows a deduction for domestic research or experimental expenditures, while taxpayers may elect qualifying capitalization and amortization treatment instead.


West Virginia Farming and Agricultural R&D Opportunities

West Virginia agriculture is characterized by a large number of relatively small farms and strong livestock and poultry production.


The USDA's 2022 Census of Agriculture reported:

West Virginia Agriculture 2022
Farms 22,787
Land in farms About 3.55 million acres
Average farm size 156 acres
Agricultural products sold About $947.8 million

Livestock, poultry and related products represented approximately 75% of agricultural sales in the 2022 Census.

Major agricultural sectors include:

Poultry and eggs

Cattle and calves

Hay and forage

Corn

Fruit and orchard production

Greenhouse and nursery production

Sheep and goats

Specialty and local food production

More recent 2024 agricultural marketing data show poultry and eggs and cattle and calves continuing to account for a substantial share of West Virginia farm cash receipts.


These sectors can create research questions involving animal nutrition, production efficiency, crop performance, disease management, equipment, environmental controls and processing methods.



West Virginia University Extension also provides agricultural programs covering livestock, horticulture, pasture and forage, farm management and small-farm operations across the state.


Where Is Farming Concentrated in West Virginia?

West Virginia's agricultural activity varies substantially by region.

Counties with some of the largest amounts of land in farms include:.

Greenbrier County

Pendleton County

Hampshire County

Preston County

Monroe County

The Eastern Panhandle is also important for fruit, orchards and diversified agriculture, while poultry and livestock production are significant in several eastern and central parts of the state.



These differences matter because agricultural R&D can look very different on a poultry operation, cattle farm, orchard or diversified small farm.


Cost Segregation for West Virginia Farms

The federal R&D Tax Credit addresses qualified research activities. Cost Segregation addresses the depreciation of buildings and other property.



West Virginia agricultural businesses may consider a Cost Segregation review after purchasing, constructing or improving property such as:.

Agricultural Property Potential Review Area
Poultry facilities Specialized structures and systems
Livestock buildings Specialized agricultural components
Grain storage Grain bins and handling equipment
Greenhouses Specialized structures and systems
Processing facilities Production-related building components
Farm sites Drainage and qualifying site improvements

Federal depreciation recovery periods differ by asset.



Grain bins and agricultural fences generally have shorter recovery periods than general farm buildings, while qualifying single-purpose agricultural or horticultural structures have their own federal classification.


Can West Virginia Farms Use Both R&D Credits and Cost Segregation?

Potentially.


A poultry producer might test feed or production methods while constructing or improving specialized facilities. An orchard might conduct crop or pest-management trials while investing in processing or storage property.


The technical research may warrant a federal R&D Tax Credit review, while the property investment may separately warrant a Cost Segregation study.


Each strategy has its own qualification and documentation requirements.


Frequently Asked Questions

  • Does West Virginia currently have a state R&D Tax Credit?

    Not for new research expenditures. West Virginia's Strategic Research and Development Tax Credit expired for new qualified investments and expenditures beginning January 1, 2014.

  • Can West Virginia farmers still claim the federal R&D Tax Credit?

    Potentially. West Virginia farms and agribusinesses can evaluate the federal R&D Tax Credit when their activities and expenses satisfy IRC §41 requirements.

  • Can poultry or livestock research qualify?

    Potentially. Projects involving feed formulations, production methods, equipment or other technical improvements may warrant review when they involve qualifying experimentation and technical uncertainty.

  • Can crop or orchard trials qualify?

    Potentially. Structured testing involving crop varieties, growing methods, disease control or other technical questions may qualify when the applicable federal requirements are met.

  • Can West Virginia farms use Cost Segregation?

    Potentially. Farms and agribusinesses owning qualifying depreciable buildings and improvements may benefit from reviewing property classifications and federal recovery periods.


Explore More Agriculture Resources

West Virginia agricultural businesses can also review RCG's main Agriculture R&D Tax Credit and Cost Segregation resource for broader federal qualification rules and farm-property considerations.


Additional information is available through RCG's dedicated R&D Tax Credit and Cost Segregation service resources.


Discuss West Virginia Agricultural R&D With RCG

RCG Tax Partners helps businesses evaluate potential R&D Tax Credit and Cost Segregation opportunities based on their activities, expenses and property.


Contact RCG Tax Partners to discuss potential R&D Tax Credit or Cost Segregation opportunities for your West Virginia farming or agricultural business.