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Introduced Version House Bill 2322 History

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hb2322 intr
H. B. 2322


(By Delegates Craig, Amores and Kominar)
[Introduced February 14, 2005
; referred to the
Committee on Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12g, relating to creating an income tax deduction for taxpayers who volunteer two hundred or more hours to a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 2003, as amended; and providing a civil fine for violations.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-21-12g, to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12g. Deduction for time volunteering to charitable organizations.

(a) For taxable years beginning on and after the first day of January, two thousand five, and in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any taxpayer who contributes volunteer services may subtract annually from his or her federal adjusted gross income, an amount equal to the monetary value of volunteer services furnished as follows:
(1) An individual is a volunteer for the taxable year and eligible for the subtraction modification under this section if the individual:
(A) Volunteers two hundred or more hours to a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 2003, as amended; and
(B) Serves the charitable organization in a volunteer capacity without compensation, except nominal expenses or meals.
(2) A participating charitable organization shall:
(A) Maintain a record of the activities and number of hours donated by each volunteer during the calendar year;
(B) Provide each volunteer a report by the fifteenth day of February of the following year listing the number of hours of volunteered and the monetary value of volunteer services contributed during the preceding calendar year; and
(C) Maintain a record that includes the names, social security numbers, number of hours volunteered, and a certification that the individuals listed qualified for the subtraction modification under this section.
(b) To qualify for the subtraction modification under this subsection, an individual shall attach to his or her income tax return a copy of the report provided by the charitable organization under paragraph (2), subdivision (B), subsection (a) of this section.
(c) On or before the first day of October of each year, the charitable organization shall submit to the department of tax and revenue, a report listing the names, social security numbers, and number of hours contributed by the individuals who qualified for the subtraction modification under this subsection for the preceding taxable year.
(d) A person may not knowingly make or cause any false statement or report to be made in any application or in any document required under this subsection.
(e) Any person who violates or attempts to violate any provision of this section is liable for a civil fine of not more than one thousand dollars which may be assessed by the secretary of the department of tax and revenue.

NOTE: The purpose of this bill is to create an income tax deduction for taxpayers who volunteer two hundred or more hours to a charitable organization. The bill also provides for the assessment of a civil fine for violations.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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