H. B. 2722
(By Delegates Williams, Crosier, Shaver,
Ashley, White and Anderson)
[Introduced February 20, 2009; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-21-10b; and to
amend said code by adding thereto a new section, designated
§11-24-11c, all relating to authorizing a $100 tax credit
against either personal income tax or corporate net income tax
for the expense incurred when reprogramming a cash register
when the sales tax on food and food ingredients is changed.
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 §11-21-10b; and that
said code be amended by adding thereto a new section, designated
§11-24-11c, all to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
PART I. GENERAL.
§11-21-10b. Credit for expense of reprogramming cash register.
On and after July 1, 2009, a credit is allowed against the tax
imposed by the provisions of this article in the amount of $100 to
any eligible taxpayer engaging in a business activity classified as
having a sector identifier consisting of the first three digits of
the six-digit North American Industry Classification System code
number of 445, or engaging in a business activity classified as
having a sector identifier consisting of the six-digit North
American Industry Classification System code number of 446110 or
447110. The credit authorized by this section may be applied in
any taxable year in which the eligible taxpayer was required to
reprogram its cash registers because of a change in the consumers
sales and service tax rate imposed by section three-a, article
fifteen of this chapter on sales of food and food ingredients.
Only a taxpayer with gross revenue that is less than $2 million
for the immediately preceding taxable year is eligible to use the
credit authorized by this section.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11c. Credit for expense of reprogramming cash register.
On and after July 1, 2009, a credit is allowed against the tax
imposed by the provisions of this article in the amount of $100 to
any eligible taxpayer engaging in a business activity classified as
having a sector identifier consisting of the first three digits of
the six-digit North American Industry Classification System code
number of 445, or engaging in a business activity classified as having a sector identifier consisting of the six-digit North
American Industry Classification System code number of 446110 or
447110. The credit authorized by this section may be applied in
any taxable year in which the eligible taxpayer was required to
reprogram its cash registers because of a change in the consumers
sales and service tax rate imposed by section three-a, article
fifteen of this chapter on sales of food and food ingredients.
Only a taxpayer with gross revenue that is less than $2 million
for the immediately preceding taxable year is eligible to use the
credit authorized by this section.
NOTE: The purpose of this bill is to provide a $100 tax credit
to certain businesses that are required to reprogram its cash
registers because of a change in the sales tax rate imposed on the
sale of food and food ingredients.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.