WEST virginia Legislature

2017 regular session

Introduced

Senate Bill 232

By Senator Hall

[Introduced February 9, 2017; 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 §11-21-80, relating to delinquent personal income taxes; setting maximum interest rate; prohibiting certain penalties; requiring certain notification; and compensation for erroneous notification of delinquency.

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 §11-21-80, to read as follows:

ARTICLE 21. PERSONAL INCOME TAX.

part vi. procedure and administration.

§11-21-80. Delinquent personal income tax procedures.

Notwithstanding any other provisions of this code to the contrary, the following applies to delinquent, or alleged delinquent, personal income taxes:

(1) Only interest may be charged on delinquent personal income taxes.

(2) The interest rate charged may be no greater than the federal five-year treasury bill rate set at the beginning of each year.

(3) No penalties may be charged for late taxes for the first year after they were due.

(4) No penalties may be charged unless a certified letter has been mailed to the taxpayer notifying them of their delinquent status.

(5) If the taxpayer receives a notice of delinquency that is in error, the Department of Tax and Revenue shall compensate the taxpayer in the amount of $200 for the error.

NOTE: The purpose of this bill is to establish procedures concerning delinquent personal income taxes.

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