H. B. 4114


(By Delegate Williams)
[Introduced January 26, 2006; referred to the
Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to providing for a two percent rebate to the taxpayer of the timber severance tax.

Be it enacted by the Legislature of West Virginia:
That §11-13A-3b of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 13A. SEVERANCE TAXES.

§11-13A-3b. Imposition of tax on privilege of severing timber.

(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing timber for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising such privilege, an annual privilege tax.
(b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be three and twenty-two hundredths percent of the gross value of the timber produced, as shown by the gross proceeds derived from the sale thereof by the producer, except as otherwise provided in this article.
(c) Tax in addition to other taxes. -- The tax imposed by this section shall apply to all persons severing timber in this state, and shall be in addition to all other taxes imposed by law.
(d) Effective date. -- This section, as amended in the year one thousand nine hundred ninety-three, shall apply to gross proceeds derived after the thirty-first day of May of such year. The language of section three of this article, as in effect on the first day of January of such year, shall apply to gross proceeds derived prior to the first day of June of such year and, with respect to such the gross income, shall be fully and completely preserved.
(e) Two percent rebate. -- Beginning in the year two thousand six, and subsequent tax years thereafter, each taxpayer subject to the imposition of tax under this section, shall receive a two percent rebate of the total amount due upon payment of same.



NOTE: The purpose of this bill is to provide for a two percent rebate to the taxpayer of the timber severance tax.

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