H. B. 4339


(By Delegate Michael)

[Introduced February 6, 2004; referred to the

Committee on Finance.]





A BILL to amend and reenact §11-15-8 of the code of West Virginia, 1931, as amended, relating to clarifying the imposition of consumers sales and service tax on purchases made by providers of professional or personal services.

Be it enacted by the Legislature of West Virginia:
That §11-15-8 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-8. Furnishing of services included; exceptions.

The provisions of this article apply not only to selling tangible personal property and custom software, but also to the furnishing of all services, except professional and personal services, and except those services furnished by businesses subject to the control of the public service commission when the service or the manner in which it is delivered is subject to regulation by the public service commission: Provided, That purchases of taxable services and tangible personal property by providers of professional or personal services that are used or consumed in the provision of professional or personal services are subject to the tax imposed by this article.

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