Date Requested:January 16, 2012
Time Requested:05:23 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2011R2390 Carry Over HB2978
CBD Subject: ABOLISHING THE BUSINESS FRANCHISE TAX
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 abolish the business franchise tax effective January 1, 2012.
    
    Under current law, the Business Franchise Tax rate is being phased down to zero through a series of annual reductions in the tax rate. As written, this bill would accelerate the elimination of the tax from tax years beginning on or after January 1, 2015 to tax years beginning after December 31, 2011 (i.e., tax years beginning on or after January 1, 2012). According to our interpretation, passage of this bill would result in reductions in the General Revenue Fund as follows:
    
    Fiscal Year Change in Revenue
    
    2012 -$33,200,000
    
    2013 -$72,800,000
    
    2014 -$54,400,000
    
    2015 -$25,500,000
    
    2016 -$ 4,300,000
    
    Additional administrative costs to the State Tax Department associated with this bill would be minimal.

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues -33,200,000 -72,800,000 0
3. Explanation of above estimates (including long-range effect):
    Under current law, the Business Franchise Tax rate is being phased down to zero through a series of annual reductions in the tax rate. As written, this bill would accelerate the elimination of the tax from tax years beginning on or after January 1, 2015 to tax years beginning after December 31, 2011 (i.e., tax years beginning on or after January 1, 2012). According to our interpretation, passage of this bill would result in reductions in the General Revenue Fund as follows:
    
    Fiscal Year Change in Revenue
    
    2012 -$33,200,000
    
    2013 -$72,800,000
    
    2014 -$54,400,000
    
    2015 -$25,500,000
    
    2016 -$ 4,300,000
    
    Additional administrative costs to the State Tax Department associated with this bill would be roughly minimal.
    


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kerri.r.petry@wv.gov