H. B. 2043
(By Delegates Fleischauer, Susman,
Faircloth and Kominar)
January 8, 2003
; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then Finance.]
A BILL to amend chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article thirteen-t, relating
to taxation; and providing a small business tax credit equal
to any guaranty fee paid to the small business administration
to obtain small business administration financing.
Be it enacted by the Legislature of West Virginia:
That chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article thirteen-t, to read as follows:
ARTICLE 13T. SMALL BUSINESS TAX CREDIT.
§11-13T-1. Short title.
This article may be cited as the "West Virginia Small Business
Tax Credit Act."
§11-13T-2. Small business tax credit.
(a) For the purposes of this article, a "small business" is
any corporation, partnership, sole proprietorship or other business
entity which has an annual payroll of one million five thousand
dollars or less, or annual gross sales of not more than five
(b) Each small business formed under the laws of the state of
West Virginia and operating within the state is entitled to claim
as a credit against the tax imposed by articles twenty-one,
twenty-three and twenty-four of this chapter, for any amount paid
to the United States small business administration as a guaranty
fee pursuant to the obtaining of small business administration
(c) This credit is available as a one-time credit to be used
within five years from the date that the fee is incurred. The
credit may be used at the discretion of the small business
incurring the fee. The credit may not reduce the tax below the
minimum tax where a minimum tax is provided under the specified
articles and may only be claimed by the small business which is the
primary obligor in the financing transaction and which actually
paid the guaranty fee.
§11-13T-3. Tax commissioner to propose legislative rules;
(a) The tax commissioner shall propose rules for legislative
approval in accordance with the provisions of article three, chapter twenty-nine of this code regarding the method of claiming
the credit and documentation necessary to claim the credit. The
commissioner may promulgate the initial rules as emergency rules in
order to facilitate the implementation of the provisions of this
(b) The credit allowed by this section applies to tax years
beginning after the thirty-first day of December, two thousand
NOTE: The purpose of this bill is to give small businesses a
tax credit equal to any guaranty fee they pay to the Small Business
Administration in order to obtain SBA financing.
This article is new; therefore, strike-throughs and
underscoring have been omitted.