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Introduced Version House Bill 2894 History

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hb2894 intr

H. B. 2894


(By Delegates Frazier, Shott, Wooton, Sumner,
Phillips, Campbell, Mahan, Guthrie, Moore,


Perry and Crosier)

[Introduced March 2, 2009; referred to the
Committee on Finance.


A BILL to repeal §11-21-12h of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-9d, all relating to establishing tax credits for personal and commercial users of the West Virginia Turnpike.

Be it enacted by the Legislature of West Virginia:
That §11-21-12h of the Code of West Virginia, 1931, as amended, be repealed; that said code be amended by adding thereto a new section, designated §11-21-10b; and that said code be amended by adding thereto a new section, designated §11-24-9d, all to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-10b. Credit for users of the West Virginia Turnpike.
(a) A credit against the tax imposed by the provisions of this
article shall be allowed for tolls paid by users of the West Virginia Turnpike: Provided, That the maximum credit allowed shall be the greater of $300 or the cost expended by the taxpayer to obtain an E-ZPass through the Parkways Authority Commuter (PAC) Discount Program: Provided, however, That the taxpayer has not been reimbursed by an employer or otherwise.
(b) A presumptive credit of $25 against the tax imposed by the provisions of this article shall be allowed for tolls paid by users of the West Virginia Turnpike for residents of Fayette, Greenbrier, Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties:
Provided, That the taxpayer certifies at the time of filing the return that he or she has paid at least that amount in tolls; Provided, however, That the taxpayer has not been reimbursed by an employer or otherwise.
ARTICLE 24. CORPORATION NET INCOME TAX.

§11-24-9d. Credit for users of the West Virginia Turnpike.

A credit shall be allowed against the primary tax imposed by this article for tolls paid by taxpayers who use the West Virginia Turnpike: Provided, That the maximum credit allowed shall be $1,500; Provided, however, That the taxpayer has not been reimbursed by another company or otherwise.



NOTE: The purpose of this bill is to provide individual and commercial users of the West Virginia Turnpike with a tax credit. The bill provides individuals with a maximum $300 tax credit and residents of Fayette, Greenbrier, Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties with a presumptive $25 credit. The bill also provides commercial users with a maximum tax credit of $1,500. The bill additionally provides for an a full credit for individuals for the cost incurred in purchasing a West Virginia Parkways Economic Development and Authority PAC card. To the extent that the total tolls paid by the taxpayer exceeds the maximum credit allowed, the taxpayer may also be able to deduct the excess as an ordinary business expense.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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