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Introduced Version House Bill 3096 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3096


(By Delegate Guthrie)

[Introduced March 12, 2009; referred to the

Committee on Agriculture then Finance.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-8i; and to amend said code by adding thereto a new section, designated §11-24-11d, all relating to providing tax credits for the producers and buyers of locally grown produce that is sold within the state.

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 §11-21-8i; and that said code be amended by adding thereto a new section, designated §11-24-11d, all to read as follows:

ARTICLE 21. PERSONAL INCOME TAX.
§11-21-8i. Credit for the sale of locally grown produce.

Upon presentation of written certification by the Department of Agriculture a credit shall be allowed against the primary tax liability of an eligible taxpayer under this article for the purchase or sale of produce grown in the state that is sold to consumers, produce markets, grocery stores, supermarkets, restaurants and other resellers. The credit is also available to eligible taxpayers who use that produce in preparation of other foodstuffs. The income tax credit shall be equal to five percent of the cost of produce grown or produced in the state. Any amount of income tax credit not deductible in the taxable year of certification may not be carried over to the following year.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11d. Credit for the sale of locally grown produce.
Upon presentation of written certification by the Department of Agriculture a credit shall be allowed against the primary tax liability of an eligible taxpayer under this article for the purchase or sale of produce grown in the state that is sold to consumers, produce markets, grocery stores, supermarkets, restaurants and other resellers. The credit is also available to eligible taxpayers who use that produce in preparation of other foodstuffs. The income tax credit shall be equal to five percent of the cost of produce grown or produced in the state. Any amount of income tax credit not deductible in the taxable year of certification may not be carried over to the following year.



NOTE: This bill provides tax credits for the producers and buyers of locally grown produce that is sold within the state.
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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