H. B. 3199
(By Delegates Williams, Long, Stalnaker, Crosier,
Shaver, Ashley, Perry, White, Kominar and Anderson)
[Introduced January 9, 2008; 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
§11-24-11b, all relating to authorizing a one hundred dollar
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
§11-24-11b, 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 the first day of July, two thousand seven, a
credit is allowed against the tax imposed by the provisions of this
article in the amount of one hundred dollars 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:
Provided, That 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:
Provided, however, That only a taxpayer with gross revenue that is
less than two million dollars for the immediately preceding taxable
year is eligible to use the credit authorized by this section.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-11b.
Credit for expense of reprogramming cash register
.
On and after the first day of July, two thousand seven, a
credit is allowed against the tax imposed by the provisions of this
article in the amount of one hundred dollars 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:
Provided, That 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:
Provided, however, That only a taxpayer with gross revenue that is
less than two million dollars 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.