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.