West Virginia 2024 Regular Session

West Virginia House Bill HB4249

Introduced
1/10/24  
Refer
1/10/24  

Caption

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

Impact

The introduction of HB 4249 seeks to amend existing tax structures within West Virginia, directly affecting the financial responsibilities of subcontractors in the construction and contracting industries. This reform is expected to foster a more appealing business environment for subcontractors by removing redundancy in taxation, thus promoting a fairer competitive landscape. With fewer financial burdens, subcontractors may find it easier to operate in municipal jurisdictions, ultimately benefiting overall economic activity in the state.

Summary

House Bill 4249, introduced by Delegate Devault, aims to clarify the application of municipal business and occupation taxes specifically concerning subcontractors. The bill stipulates that subcontractors engaged in work on projects are exempt from being subject to municipal business and occupation taxes, emphasizing the primacy of contract owners concerning taxation under these municipal regulations. By clearly defining this exemption, the bill intends to alleviate the tax burden that has previously affected subcontractors unfairly, ensuring equitable treatment across the board for those engaged in business activities.

Sentiment

The sentiment surrounding HB 4249 appears to be largely positive among those advocating for tax reform and the interests of subcontractors. Proponents argue that this clarification is essential for economic growth and will provide much-needed relief to subcontractors who have been subjected to unfair tax liabilities in the past. However, there may be concerns raised by some municipal authorities regarding revenue implications and the uniformity of tax regulations across different municipalities.

Contention

Notably, while the bill is viewed positively by many, it may present points of contention for municipal governments who rely on business and occupation taxes for local funding. Critics may argue that the exemption for subcontractors could lead to significant revenue losses for municipalities and disrupt existing tax structures. Additionally, the bill may ignite debate about the balance between local tax authority and the need for state-level interventions aimed at protecting specific business sectors within the economy.

Companion Bills

No companion bills found.

Previously Filed As

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 SB658

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

WV HB3321

Limiting the imposition of municipal business and occupation taxes

WV HB3538

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

WV HB3327

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

WV SB7

Returning refundable exemption for road construction contractors to State Road Fund

WV HB2822

Relating to the consumers sales and service tax and returning the refundable exemption for sales of construction and maintenance materials acquired by a second party for use in Division of Highways projects

WV SB677

Clarifying role and responsibilities of State Resiliency Officer

WV SB548

Clarifying what parties can redeem delinquent property and limiting those entitled to bid

WV HB2298

Granting counties and municipalities a portion of the net terminal income from racetrack video lottery

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