FISCAL NOTE



FUND(S):

General Revenue Fund

Sources of Revenue:

General Fund

Legislation creates:

Neither Program nor Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to exempt the purchase of guns and ammunition during the month of November from the sales tax imposed by this section. As written, the passage of this bill could result in a loss of roughly $100,000 per year to the General Revenue Fund. Additional administrative costs to the State Tax Department would be minimal.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2009
Increase/Decrease
(use"-")
2010
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 4,000 0 0
Personal Services 0 0 0
Current Expenses 4,000 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 -100,000 -100,000


Explanation of above estimates (including long-range effect):


The stated purpose of this bill is to exempt the purchase of guns and ammunition during the month of November from the sales tax imposed by this section. As written, the passage of this bill could result in a loss of roughly $100,000 per year to the General Revenue Fund. Additional administrative costs to the State Tax Department would be minimal.



Memorandum


The stated purpose of this bill is to exempt the purchase of guns and ammunition during the month of November from the sales tax imposed by this section. This bill violates Section 322: Sales Tax Holidays of the Streamline Sales and Service Tax Agreement, amended 2008, of which West Virginia is a member. Section 322 (A)(1) states that: A. If a member state allows for temporary exemption periods, commonly referred to as sales tax holidays, the member state shall: 1. Not apply an exemption unless the items to be exempted are specifically defined in Part II or Part III(B) of the Library of Definitions and the exemptions are uniformly applied to state and local sales and use taxes. The terms “guns” and “ammunition” are not defined in “Part II or Part III(B) of the Library of Definitions” in the Agreement, thus West Virginia cannot provide for a sales tax holiday for the purchase of these items. Also, the bill lacks an effective date.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kpetry@tax.state.wv.us