H. B. 2894
(By Delegates Frazier, Shott, Wooton, Sumner,
Phillips, Campbell, Mahan, Guthrie, Moore,
Perry and Crosier)
[Introduced March 2, 2009; referred to the
Committee on Finance.
A BILL to repeal §11-21-12h of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section,
designated §11-21-10b; and to amend said code by adding
thereto a new section, designated §11-24-9d, all relating to
establishing tax credits for personal and commercial users of
the West Virginia Turnpike.
Be it enacted by the Legislature of West Virginia:
That §11-21-12h of the Code of West Virginia, 1931, as
amended, be repealed; that said code be amended by adding thereto
a new section, designated §11-21-10b; and that said code be amended
by adding thereto a new section, designated §11-24-9d, all to read
as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-10b. Credit for users of the West Virginia Turnpike.
(a) A credit against the tax imposed by the provisions of this
article shall be allowed for tolls paid by users of the West Virginia Turnpike: Provided, That the maximum credit allowed shall
be the greater of $300 or the cost expended by the taxpayer to
obtain an E-ZPass through the Parkways Authority Commuter (PAC)
Discount Program: Provided, however, That the taxpayer has not
been reimbursed by an employer or otherwise.
(b) A presumptive credit of $25 against the tax imposed by the
provisions of this article shall be allowed for tolls paid by users
of the West Virginia Turnpike for residents of Fayette, Greenbrier,
Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming
counties: Provided, That the taxpayer certifies at the time of
filing the return that he or she has paid at least that amount in
tolls; Provided, however, That the taxpayer has not been
reimbursed by an employer or otherwise.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-9d. Credit for users of the West Virginia Turnpike.
A credit shall be allowed against the primary tax imposed by
this article for tolls paid by taxpayers who use the West Virginia
Turnpike: Provided, That the maximum credit allowed shall be
$1,500; Provided, however, That the taxpayer has not been
reimbursed by another company or otherwise.
NOTE: The purpose of this bill is to provide individual and
commercial users of the West Virginia Turnpike with a tax credit.
The bill provides individuals with a maximum $300 tax credit and
residents of Fayette, Greenbrier, Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties with a presumptive
$25 credit. The bill also provides commercial users with a maximum
tax credit of $1,500. The bill additionally provides for an a full
credit for individuals for the cost incurred in purchasing a West
Virginia Parkways Economic Development and Authority PAC card. To
the extent that the total tolls paid by the taxpayer exceeds the
maximum credit allowed, the taxpayer may also be able to deduct the
excess as an ordinary business expense.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.