H. B. 4311


(By Delegates R. Thompson and Perdue)

[Introduced February 5, 2004 ; referred to the

Committee on Agriculture and Natural Resources then Finance.]





A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9h, relating to exempting farm equipment from the consumer sales tax.

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
§11-15-9h, to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-9h. Exemption for sales of farm equipment.

Notwithstanding any provision of this article to the contrary, any sale of farming equipment is exempt from the tax imposed by this article. For the purpose of this section, the term "farm equipment" means tractors, implements, accouterments, apparatus, paraphernalia, gear, tools, generators, attachments, repair parts or any other motorized or mechanized equipment which is commonly understood among dealers and suppliers of farming goods and equipment as being useful or indispensable for the cultivation or harvest of crops or the keeping, maintaining or slaughtering of livestock or for other farm-related activities. This section does not apply to any organic substance, fertilizer, feed, plant or chemical; nor does it apply to any inorganic natural substance in its natural and unmodified state, such as gravel, rocks, pebbles, stones, boulders, or the like.



NOTE: The purpose of this bill is to exempt farm equipment from the consumer sales tax.


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