West Virginia 2023 Regular Session

West Virginia Senate Bill SB658

Introduced
2/16/23  

Caption

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

Impact

Upon enactment, SB658 will allow municipalities to impose business and occupation taxes on various activities, including those that occur across different municipalities, without the risk of multiple taxation on the same gross income. This aligns with the legislative intention to enhance fairness and transparency in local taxation practices. The bill also defines the appropriate levels at which such taxes can be applied and ensures they do not exceed provided state rates, maintaining consistency across local tax systems.

Summary

Senate Bill 658, introduced by Senator Jeffries, aims to clarify and amend the municipal business and occupation taxation framework in West Virginia. The bill is focused on ensuring that taxation aligns with the changing nature of business activities, particularly as many operate in multiple municipalities or across state lines. It acknowledges the influence of the internet and a shift towards a market-based approach for the assessment and collection of these taxes, which can affect local governance and municipal revenue sources significantly.

Sentiment

The sentiment around SB658 is mixed. Supporters argue that the bill modernizes tax policy to reflect contemporary business practices, promoting clarity and economic growth. Conversely, there are concerns that increased authority for municipalities could lead to tax burdens that disproportionately affect businesses, especially those operating on a larger scale or across more jurisdictions. Critics fear the complexity of navigating multiple local taxation regulations could hinder economic activity rather than facilitate it.

Contention

A notable point of contention emerging from discussions around the bill is the balance of power between state and local governments in determining tax rates and regulations. Critics are particularly wary of the potential for municipalities to impose excessive taxes or create a confusing patchwork of local ordinances that could stifle business growth. Moreover, the bill's implications on the regularity of assessments and the potential for legal disputes over interpretations of tax law reflect a broader debate on fiscal policy and taxation ethics within the state.

Companion Bills

No companion bills found.

Previously Filed As

WV SB490

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

WV SB185

Clarifying municipal B&O taxation where business activity occurs in multiple locations

WV HB4636

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

WV HB4567

Relating to business and occupation or privilege tax

WV HB2451

To facilitate the creation of home-based businesses

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 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

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