H. B. 2005


(By Delegate Azinger)

[Introduced February 14, 2001; referred to the

Committee on Finance.]





A BILL to amend and reenact section six, article thirteen-j, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to credits against personal income tax to persons receiving wage, salary or other compensation reported on federal form W2 from a small business corporation, limited liability company, partnership, other unincorporated organization or sole proprietorship, who own at least a five percent interest in the business entity and who contribute to a neighborhood investment program.

Be it enacted by the Legislature of West Virginia:

That section six, article thirteen-j, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 13J. NEIGHBORHOOD INVESTMENT PROGRAM.

§11-13J-6. Application of annual credit allowance.

(a) In general. -- The aggregate annual credit allowance for a current tax year is an amount equal to the sum of the following:

(1) The portion allowed under section five of this article for an eligible contribution placed into service or use during a prior tax year; plus

(2) The portion allowed under section five of this article for an eligible contribution placed into service or use during the current tax year.

(b) Application of credit allowance. -- The amount determined under subsection (a) of this section shall be allowed as a credit for tax years ending on and after the first day of July, one thousand nine hundred ninety-six, as follows:

(1) Business franchise taxes. --

The amount determined under subsection (a) of this section shall be applied to reduce up to fifty percent of the taxes imposed by article twenty-three of this chapter for the tax year (determined after application of the credits against tax provided in section seventeen of said article, but before application of any other allowable credits against tax).

(2) Corporation net income taxes. -- After application of subdivision (1) of this subsection, any unused credit shall next be applied to reduce up to fifty percent of the taxes imposed by
article twenty-four of this chapter, for the tax year (determined before application of allowable credits against tax).
(3) Personal income taxes. --

(A) If the eligible taxpayer is an electing small business corporation (as defined in Section 1361 of the United States Internal Revenue Code), a limited liability company treated as a partnership for purposes of the federal income tax, a partnership or a sole proprietorship, then any unused credit (after application of subdivisions (1) and (2) of this subsection) shall be allowed as a credit against up to fifty percent of the taxes imposed by article twenty-one of this chapter on income of proprietors, partners or shareholders, subject to the limitations set forth in paragraphs (B) and (C) of this subdivision.

(B) Electing small business corporations, partnerships and other unincorporated organizations shall allocate the credit allowed by this article among the members thereof in the same manner as profits and losses are allocated for the tax year.

(C) Any taxpayer subject to the personal income tax under article twenty-one of this chapter, who makes an eligible contribution to a qualified charitable organization, and receives back from that organization a properly completed neighborhood investment program tax credit voucher, is eligible to claim the credit. The credit shall be allowed without regard to the source of that income, whether it is from wages, passive investment or
retirement income, income from a trade or business or any other source. No credit may be allowed under this section against any tax due under article twenty-one of this chapter on any wage, salary or other compensation paid to any employee of any electing small business corporation, limited liability company, partnership, other unincorporated organization or sole proprietorship or against any amount of tax due on any wage, salary or other compensation reported on federal form W2, unless the employee is also the owner of at least a five percent interest in the small business corporation, limited liability company, partnership, other unincorporated organization or sole proprietorship paying the wage, salary or other compensation reported on federal form W2. Any taxpayer who is eligible for this annual credit allowance as a result of this amendment to this section and who was an employee with at least a five percent ownership interest in a small business corporation, limited liability company, partnership, other unincorporated organization or sole proprietorship before this amendment to this section may apply for and be eligible for the tax credit provided for by this article for all years the applicant was an employee of the business entity as described in this section with the minimum of five percent ownership in the business entity, subject only to the applicable statute of limitations for claiming this tax credit.
(c) Unused credit forfeited. -- If any credit to an eligible taxpayer remains after application of subsections (a) and (b) of this section, the amount thereof may be carried forward no more than four years from the tax year in which the contribution was made. Unused credits of an eligible taxpayer may not be carried forward beyond the time limits imposed under section five of this article and the total maximum aggregate tax credits certified in any state fiscal year may not exceed two million dollars.

(d) Addition of deductions, decreasing adjustments or decreasing modifications taken in determining taxable income for which credit is taken. -- Any deduction, decreasing adjustment or decreasing modification taken by any taxpayer in determining federal taxable income which affects West Virginia taxable income or in determining West Virginia taxable income under article twenty-one or twenty-four of this chapter for the taxable year for any charitable contribution, or payment or portion thereof, which qualifies as an eligible contribution under this article and for which credit is claimed, shall be added to West Virginia taxable income in determining the tax liability of the taxpayer under article twenty-one or twenty-four of this chapter, as appropriate, before application of the credit allowed under this article for the taxable year.

(e) Annual limit. -- The aggregate annual credit allowance to any taxpayer may not exceed one hundred thousand dollars in
any tax year.



NOTE: The purpose of this bill is to permit credits against personal income tax to persons, receiving wage, salary or other compensation reported on federal form W2 from a small business corporation, limited liability company, partnership, other unincorporated organization or sole proprietorship, who own at least a five percent interest in the business entity and who contribute to a neighborhood investment program.

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