Date Requested: February 18, 2015
Time Requested: 10:11 AM
Agency: State Tax & Revenue Department
CBD Number: Version: Bill Number: Resolution Number:
3083 Introduced SB502
CBD Subject: Tax


FUND(S):

Special Reclamation Trust Fund, Special Reclamation Water Trust Fund

Sources of Revenue:

Special 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 specify that a tax credit may not be granted for reclamation or remediation performed prior to July 13, 2013, unless a written application for the tax credit was submitted to the Tax Commissioner prior to September 1, 2014.
    
    According to our interpretation, there would be no impact to the Special Reclamation Trust Fund or the Special Reclamation Water Trust Fund upon passage of this bill.
    
    The State Tax Department would not incur any additional administrative costs.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2015
Increase/Decrease
(use"-")
2016
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 0 0 0


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


    According to our interpretation, there would be no impact to the Special Reclamation Trust Fund or the Special Reclamation Water Trust Fund upon passage of this bill.
    
    The State Tax Department would not incur any additional administrative costs.
    



Memorandum


    The stated purpose of this bill is to specify that a tax credit may not be granted for reclamation or remediation performed prior to July 13, 2013, unless a written application for the tax credit was submitted to the Tax Commissioner prior to September 1, 2014.
    
    The bill title may be insufficient for lack of reference to the “retrospective” application of the tax credit. In addition, the retrospective application of the tax credit is not addressed in the amending language of the bill. Courts have been reluctant to apply a tax law or change in tax law retrospectively unless the language of the statute contains a specific and express provision mandating retrospective application.
    
    
    
    



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