West Virginia 2022 Regular Session

West Virginia House Bill HB4636

Introduced
2/11/22  
Refer
2/11/22  
Engrossed
2/23/22  
Refer
2/24/22  
Refer
2/24/22  
Report Pass
3/8/22  
Enrolled
3/12/22  
Passed
3/12/22  

Caption

Clarifying when business and occupation taxes owed to a city or municipality are considered to be remitted on time

Impact

The enactment of this bill significantly impacts state tax law by establishing a more lenient framework for how municipalities handle late payments. By defining 'on-time' payments based on postmark dates, it protects taxpayers from incurring late fees due to delayed mail delivery. This change is especially crucial for residents and businesses who might face financial strain from inadvertent late fees that arise from the postal system's inefficiencies. It is expected that municipalities will need to adapt their accounting and tax collection processes to align with these new guidelines, potentially leading to an administrative review of existing policies.

Summary

House Bill 4636 addresses the timely payment of municipal business and occupation taxes and related fees in West Virginia. The bill clarifies that municipal taxes and fees are considered timely if they are postmarked on or before the due date, even if they arrive after the deadline. This provision aims to alleviate penalties related to late payments and ensures that citizens are not unfairly charged fees for delays that are outside their control, such as postal service issues. The bill seeks to create a more equitable system for taxpayers and municipalities, establishing clearer guidelines for the assessment of taxes owed.

Sentiment

The general sentiment surrounding HB 4636 has been one of support among various stakeholders, acknowledging the need for clearer, fairer practices in tax collection to protect both citizens and local governments. Proponents argue that the bill enhances transparency and fairness in municipal taxation, ultimately benefitting local communities. However, some concerns were raised about how strictly municipalities might implement these changes and the potential for increased administrative burdens during the transition period. Overall, the response indicates a favorable view of the bill's intent and expected outcomes.

Contention

Despite the support, there are nuances of contention regarding how municipalities will interpret and enforce the new provisions. Some lawmakers and local officials are concerned about the potential loss of revenue from taxes that are habitually filed late, even if they are postmarked on time. Additionally, how municipalities communicate these changes to residents and enforce new payment guidelines could lead to disparities in tax collection. The debate has highlighted differing views on taxpayer protections versus the needs of local governments to ensure revenue collection remains robust.

Companion Bills

No companion bills found.

Previously Filed As

WV SB490

Clarifying WV follow market-based approach to business and occupation taxation

WV SB658

Clarifying WV follow market-based approach to business and occupation taxation

WV HB4812

Capping amount of moneys to third party vendors who collect business and occupation taxes on behalf of cities

WV HB3538

Relating to limitations on the computation, imposition and collection of the business and occupation tax by municipalities

WV HB2104

Limiting the imposition of municipal business and occupation taxes

WV HB3321

Limiting the imposition of municipal business and occupation taxes

WV HB4407

Limiting the imposition of municipal business and occupation taxes

WV HB2036

Prohibit municipalities from collecting B&O taxes on projects that are funded by state or federal government programs

WV HB4762

Prohibit municipalities from collecting B&O taxes on projects that are funded by state or federal government programs

WV HB4651

Capping amount of moneys to third party vendors who collect business and occupation taxes on behalf of cities

Similar Bills

WV HB4249

To clarify that municipal B and O taxes shall only apply to the owner of a contract, and not to subcontractors on a project

WV HB4762

Prohibit municipalities from collecting B&O taxes on projects that are funded by state or federal government programs

WV HB3346

To clarify that municipal B and O taxes shall only apply to the owner of a contract, and not to subcontractors on a project

WV HB3075

To clarify that municipal B and O taxes shall only apply to the owner of a contract, and not to subcontractors on a project

WV HB4812

Capping amount of moneys to third party vendors who collect business and occupation taxes on behalf of cities

WV SB490

Clarifying WV follow market-based approach to business and occupation taxation

WV SB658

Clarifying WV follow market-based approach to business and occupation taxation

WV HB2036

Prohibit municipalities from collecting B&O taxes on projects that are funded by state or federal government programs