Exempts from consumers sales and service tax the dues, fees and assessments paid by members to homeowners’ associations when used for payment of common expenses.
The bill codifies an existing practice, with an effective date of June 9, 2016.
Taxation of Homeowners’ Associations and Common Interest Communities
Extends the termination date of the Neighborhood Investment Program.
The termination of the tax credit, which was due to expire July 1, 2016, is moved forward five years, to July 1, 2021.
Instructions for Schedule WV/NIPA-2
Updates the meaning of "federal taxable income" and certain other terms in the West Virginia Personal Income Tax Act; and changes the filing date for certain tax withheld.
The due dates for withholding of tax from partnerships, S corporations, estates or trusts, including composite returns is changed from the 15th day of the fourth month to the 15th day of the 3rd month after the end of the tax year.
The change in the due date becomes effective for tax years beginning after December 31, 2015.
Extension of Time to File Information Returns
West Virginia S Corporation & Partnership Income Tax Instructions.
This bill terminates the Workers Compensation Severance Tax.
This tax will end effective June 30, 2016. Annual returns for the SEV-401V are due July 31, 2016. Annual returns received after July 31, 2016 will be considered late.
This tax is reported on the following forms:
Additional Tax on the Severance of Natural Resources Estimate
Additional Tax on the Severance of Natural Resources Annual Return
This bill resumes the Timber Severance Tax
Effective July 1, 2016 this tax will resume at a new tax rate of 1.5%. The first monthly return will be due August 31, 2016. The first quarterly return will be due October 31, 2016.
Timber Severance Tax Estimate
Annual Timber Severance Tax Return
This bill terminates the Behavioral Health Severance and Business Privilege Tax.
This tax will end effective June 30, 2016. Annual returns for the SEV-401H are due July 31, 2016. Annual returns received after July 31, 2016 will be considered late.
Monthly Estimate of Severance and Business Privilege Taxes for Providers of Health Care Items and Services
Annual Return of Severance and Business Privilege Taxes for Providers of Health Care Items and Services
This bill changes the Consumers Sales and Service Tax exemption for durable medical equipment from health care providers to home users for a two year period.
The current exemption for health care providers will end on June 30, 2016. Effective July 1, 2016 through June 30, 2018 this exemption is limited to home use only. The exemption will then revert back to both healthcare and home use on July 1, 2018.
This is a per se exemption. Direct pay permits or exemption certificate are not required. If tax is charged on purchases of durable medical equipment for home use, a refund request can be submitted by filing a
CST-240 Claim for Refund or Credit of Sales Tax Paid to a Vendor/Reseller.
Provides an exemption from motor fuel excise tax for field gas use contingent upon the payment of royalties according to any existing lease.
Provides a per se exemption for field gas from both components of the motor fuel tax provided that all royalty payments have previously been paid to the mineral owners pursuant to the terms of any existing lease.
Amends W. Va. Code
Effective 90 days from March 11, 2016. First filing is January 31, 2017.
The West Virginia State Tax Department will create a certificate that a taxpayer can use to verify that all royalty payments have previously been paid to the mineral owners pursuant to the terms of any existing lease.
The certificate will be posted on the web site under the
Alternative Fuel Bulk End User / Field Gas link. There will be posted a letter instructing field gas users what is needed to file and to claim the exemption.
The bill raises revenue for the General Revenue Fund by making four changes to the Tobacco Excise Tax effective July 1, 2016 by amending W. Va. Code
§11-17-3 and 4 and by adding W. Va. Code
West Virginia Wholesaler - Cigarette/OTP Floor Stock Return
Cigarette and Other Tobacco Products Excise Tax Increase FAQ
E-cigarette Liquids Excise Tax FAQ
Provides authority and procedure for counties to enact and impose county sales and use taxes for the dedicated purpose of funding road and bridge projects.
Proposed road and bridge projects must be approved by referendum before a county can impose a sales and use tax. The county sales and use tax rates cannot exceed 1%, and will be imposed in addition to the State or district sales and use tax and any municipal sales and use tax.
If imposed, the county sales and use taxes would be reported on and remitted with the standard State
sales and use tax form.
Permits citizens to conceal carry firearms without a permit
The bill permits a onetime tax credit up to $50 for the successful completion of a safety course or the fees associated with the initial application of a license to carry a concealed weapon. The credit is for cost or fees actually paid.
Tax Credit Recap Schedule (Recap, Form IT-140) of the Personal Income Tax will have an additional line for the credit. The instructions will include directions on how to claim the credit.
TSD-110 West Virginia Tax Credits will be amended to include the credit.
Updates the meaning of "federal taxable income" and certain other terms in the West Virginia Corporation Net Income Tax Act.
Changes the due dates for filing annual income tax returns filed on behalf of corporations from the 15th day of the 3rd month to the 15th day of the 4th month after the end of the tax year. The change in filing dates would be effective for tax years beginning on and after January 1, 2016.
West Virginia Corporation Net Income Tax – Instructions
CNF-120EXT Extension Corporation Net Income Tax Return
WV-120V Corporation Net Income/Business Franchise Tax Electronic Payment Voucher and Instructions
This bill allows transportation network companies to operate in this State.
The prearranged rides provided by transportation network company drivers are exempt from the state consumers sales and service tax and use tax. Transportation network companies may assert an exemption from consumer sales and service tax and use tax for the purchases of tangible personal property and services directly used in transportation in accordance with
West Virginia Code
The transportation network company drivers, on the other hand, may not assert that exemption. No provisions of this bill are to be interpreted to restrict or affect the imposition of ad valorem property taxes, state personal income tax, state corporation net income tax, the motor fuel excise tax, or the requirements for the issuance of state business registration certificates.
Accordingly, transportation network companies and transportation network company drivers will need to obtain a business registration certificates from the State Tax Department before commencing business activities in the State.
The effective date of this bill is July 1, 2016.
The Tax Department plans upon issuing a TSD on transportation network companies. The sales tax exemption for prearranged rides provided by transportation network company drivers is a per se exemption and, therefore, direct pay permits or exemption certificates are not required.
On the other hand, the sales tax exemption that transportation network companies may assert for purchases of tangible personal property and services directly used in transportation is a refundable exemption, which means that the person having the right or claim to the exemption must first pay the vendor the tax imposed and then apply to the Tax Commissioner for a refund or give the vendor his West Virginia direct pay permit number.
A refund request can be submitted by filing a
CST-240 Claim for Refund or Credit of Sales Tax Paid to a Vendor/Reseller.
To register as a transportation network company or a transportation network company driver with the West Virginia State Tax Department, you must complete Application for Registration Certificate (
Form WV/BUSAPP ).
The hotel occupancy tax exemption for consumers occupying a hotel room for thirty or more consecutive days has been eliminated; and excludes certain sleeping accommodations from the meaning of the term “hotel room.”
The hotel occupancy tax is a tax administered, collected and enforced by local governments, and not the State Tax Department. Any questions regarding the change in this tax should be directed to the local taxing authority
This bill expands the use of property tax increment financing and sales tax increment financing so that they may be used to fund road projects.
As it relates to sales tax increment financing, this bill permits two or more county commissions, any two or more municipalities, or any combination thereof, to create a new combined economic opportunity development district.
This district would be allowed to submit a joint application for the districts and enter into one or more intergovernmental agreements between themselves and the Commissioner of Highways to share project expenses and special district excise tax collections to facilitate the construction of the projects.
The bill would also allow any county commission or municipality that has an existing economic development district to enter into intergovernmental agreements with each other to finance projects and pool tax increment and other revenues to finance projects.
The bill also permits the Commissioner of Highways to propose the creation of an economic opportunity development district by a county commission or municipal government. The Commissioner of Highways may also propose road project plans or amend road project plans.
As it relates to property tax increment financing, the bill permits combined development or redevelopment districts involving multiple jurisdictions along with the Commissioner of Highways. The bill permits county commissions or municipalities that created a development or redevelopment district to enter into one or more intergovernmental agreements with one or more other counties or municipalities to finance projects or pool tax increments and pay debt service on tax increment financing obligations.
The bill also allows the West Virginia Commissioner of Highways to propose the creation of a development or redevelopment area or district by a county commission or municipality. The Commissioner of Highways may also propose road project plans or amend road project plans.
Adds Lottery winnings from traditional West Virginia lottery games (such as Powerball, Daily 3 and Scratch Off Tickets) as a source of West Virginia income for nonresident individuals.
Traditional lottery prizes purchased in West Virginia by nonresidents will be subject to West Virginia’s Personal Income tax.
Adds Lottery winnings as a source of West Virginia income for nonresidents.