West Virginia 2023 Regular Session

West Virginia House Bill HB2608

Introduced
1/17/23  

Caption

Allow pass-through entities to elect to be taxed at the entity level

Impact

The enactment of HB 2608 is set to modify how income is taxed at the state level for partnerships and other pass-through entities within West Virginia. This change aims to make compliance easier for businesses that operate in multiple states, thus potentially fostering a more conducive environment for business operations in the state. The bill is expected to enhance state revenues while alleviating the individual tax burden on owners by redistributing the tax payment responsibilities to the business level. The bill attempts to simplify state tax obligations by allowing a collective approach to managing taxes, while also facilitating better tracking and reporting of income generated by such entities.

Summary

House Bill 2608 proposes an amendment to the West Virginia tax code that allows pass-through entities to elect to be taxed at the entity level rather than at the individual owner level. This bill introduces a framework for how these entities can opt into a taxation model that could simplify tax reporting and payment obligations. The tax will be based on the entity's apportioned income, aligning it with federal tax compliance requirements. A refundable tax credit will also be available for owners to offset the taxes they are responsible for, intended to encourage compliance and participation in the newly established taxation model.

Sentiment

The overall sentiment around HB 2608 has been cautiously optimistic among supporters, who see this bill as an enhancement to business flexibility and tax compliance. Proponents argue it could stimulate economic growth by making it easier for business owners. Conversely, critics raise concerns regarding the implementation complexities and the potential for increased tax liabilities if businesses do not fully understand the implications of electing to be taxed at the entity level. This ambivalence reflects broader discussions about the balance between state taxation and support for local businesses.

Contention

Debate surrounding HB 2608 centers on its impact on fiscal policy and how it restructures tax responsibilities for business owners. Opponents express worry that while the intention is good, the real-world application might confuse many small business owners and lead to unintended financial consequences. Moreover, there are discussions regarding the adequacy of the refundable tax credit provision; some fear it may not be sufficient to cover the tax burden for all owners. The measure highlights the ongoing tension between increasing state revenue while being supportive of small and medium-sized enterprises.

Companion Bills

No companion bills found.

Previously Filed As

WV SB496

Allowing tax pass through entities to pay state and local taxes at entity level

WV HB3245

Providing an election for pass-through entities to pay income tax at the entity level

WV SB442

Providing option for pass-through entities to pay income tax at entity level

WV SB692

Income tax, state; pass-through entities, elective tax.

WV HB1121

Income tax, state; pass-through entities, elective tax.

WV HB1456

Income tax, state; pass-through entities.

WV HB401

Income tax, state; pass-through entities.

WV SB1476

Income tax, state; pass-through entities.

WV SB0002

Taxation of pass through entities.

WV SB151

Levying tax on pass-through entity's income

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