Senate Bill No. 561

(By Senators Barnes, Hall and Sypolt)

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[Introduced February 12, 2010; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13C-5a, relating to establishing the method that municipalities shall calculate their business and occupation tax on gasoline distributers and dealers.

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 §8-13C-5a, to read as follows:
ARTICLE 13C. MUNICIPAL TAX IN LIEU OF BUSINESS AND OCCUPATION TAX; AND MUNICIPAL TAXES APPLICABLE TO PENSION FUNDS; ADDITIONAL AUTHORITIES RELATING TO PENSIONS AND BOND ISSUANCE.

§8-13C-5c. Business and occupation tax imposed on gasoline distributors and dealers.

Notwithstanding any provision of this code to the contrary, every municipality shall calculate its business and occupation tax on gasoline provided by gasoline distributors and dealers by computing its tax upon the base price of the gasoline purchased minus all federal and state taxes.




NOTE: The purpose of this bill is to establish the method that municipalities calculate its business and occupation for gasoline distributors and dealers.

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