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Introduced Version House Bill 2978 History

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H. B. 2978

 

         (By Delegates Duke, Canterbury, Ashley, Walters,

Nelson, Ellington, Howell, Householder, Rowan

                        and Gearheart)

         [Introduced February 1, 2011; referred to the

         Committee on Finance.]

 

 

A BILL to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to abolishing the business franchise tax starting July 1, 2011.

Be it enacted by the Legislature of West Virginia:

    That §11-23-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 23. BUSINESS FRANCHISE TAX.

§11-23-6. Imposition of tax; change in rate of tax.

    (a) General. -- An annual business franchise tax is hereby imposed on the privilege of doing business in this state and in respect of the benefits and protection conferred. Such tax shall be collected from every domestic corporation, every corporation having its commercial domicile in this state, every foreign or domestic corporation owning or leasing real or tangible personal property located in this state or doing business in this state and from every partnership owning or leasing real or tangible personal property located in this state or doing business in this state effective on and after July 1, 1987.

    (b) Amount of tax and rate; effective date. --

    (1) On and after July 1, 1987, the amount of tax shall be the greater of $50 or fifty-five one hundredths of one percent of the value of the tax base, as determined under this article. Provided, That However, when the taxpayer’s first taxable year under this article is a short taxable year, the taxpayer’s liability shall be prorated based upon the ratio of months in which such short taxable year bears to twelve. Provided, however, That In addition, this subdivision shall not apply to taxable years beginning on or after January 1, 1989.

    (2) Taxable years after December 31, 1988. -- For taxable years beginning on or after January 1, 1989, the amount of tax due under this article shall be the greater of $50 or seventy-five one hundredths of one percent of the value of the tax base under this article.

    (3) Taxable years after June 30, 1997. -- For taxable years beginning on or after July 1, 1997, the amount of tax due under this article shall be the greater of $50 or seventy hundredths of one percent of the value of the tax base under this article.

    (4) Taxable years after December 31, 2006. -- For taxable years beginning on or after January 1, 2007, the amount of tax due under this article shall be the greater of $50 or fifty-five one hundredths of one percent of the value of the tax base under this article.

    (5) Taxable years after December 31, 2008. -- For taxable years beginning on or after January 1, 2009, the amount of tax due under this article shall be the greater of §50 or forty-eight one hundredths of one percent of the value of the tax base as determined under this article.

    (6) Taxable years after the thirty-first day of December, two thousand nine. -- For taxable years beginning on or after the first day of January, two thousand ten, the amount of tax due under this article shall be the greater of fifty dollars or forty-one one hundredths of one percent of the value of the tax base as determined under this article.

    (7) Taxable years after the thirty-first day of December, two thousand ten. -- For taxable years beginning on or after the first day of January, two thousand eleven, the amount of tax due under this article shall be the greater of fifty dollars or thirty-four one hundredths of one percent of the value of the tax base as determined under this article.

    (8) Taxable years after the thirty-first day of December, two thousand eleven. -- For taxable years beginning on or after the first day of January, two thousand twelve, the amount of tax due under this article shall be the greater of fifty dollars or twenty-seven one hundredths of one percent of the value of the tax base as determined under this article.

    (9) Taxable years after the thirty-first day of December, two thousand twelve. -- For taxable years beginning on or after the first day of January, two thousand thirteen, the amount of tax due under this article shall be the greater of fifty dollars or twenty one hundredths of one percent of the value of the tax base as determined under this article.

    (10) Taxable years after the thirty-first day of December, two thousand thirteen. -- For taxable years beginning on or after the first day of January, two thousand fourteen, the amount of tax due under this article shall be the greater of fifty dollars or ten one hundredths of one percent of the value of the tax base as determined under this article.

    (11) Taxable years after the thirty-first day of December, two thousand fourteen. -- For taxable years beginning on or after the first day of January, two thousand fifteen, there shall be no tax due under the provisions of this article.

    (6) Abolishment of tax. –- For taxable years after December 31, 2011, the tax imposed by this article is abolished.

    (c) Short taxable years. -- When the taxpayer’s taxable year for federal income tax purposes is a short taxable year, the tax determined by application of the tax rate to the taxpayer’s tax base shall be prorated based upon the ratio of months in such short taxable year bears to twelve. Provided, That When the taxpayer’s first taxable year under this article is less than twelve months, the taxpayer’s liability shall be prorated based upon the ratio which the number of months the taxpayer was doing business in this state bears to twelve, but in no event shall the tax due be less than $50.

 


    NOTE: The purpose of this bill is to abolish the business franchise tax effective January 1, 2012.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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