West Virginia 2022 Regular Session

West Virginia Senate Bill SB28

Introduced
1/12/22  

Caption

Allowing Tax Commissioner to process certain early refunds

Impact

If enacted, the bill is expected to provide relief for nonresident sellers by expediting the refund process, potentially enhancing the attractiveness of the West Virginia real estate market to nonresident investors. By allowing for early refund applications to be processed, the state may encourage more real estate activity from this demographic, contributing to overall economic growth. The extensive timeline for filing these applications, extending until July 15 of the year following the transaction, offers substantial flexibility for transferors who may otherwise face delays in accessing their funds.

Summary

Senate Bill 28 aims to amend and reenact Section 11-21-71b of the West Virginia Code, which addresses the withholding tax on West Virginia source income of nonresidents. The bill grants the Tax Commissioner the authority to process certain early refunds of taxes withheld on real estate transactions involving nonresident entities. Specifically, it allows for the initiation of refund procedures if the transferor demonstrates that no tax or less tax than what was originally withheld will be owed. This change is particularly relevant for real estate transactions involving nonresidents, creating a more streamlined process for tax refunds related to these sales.

Sentiment

The sentiment surrounding SB 28 appears to be generally positive, particularly from real estate advocates and nonresident property owners who would benefit directly from expedited refunding procedures. The bill is viewed as a pro-business measure that eases the financial burden on nonresident sellers by improving liquidity, thus allowing them to reinvest in other opportunities more quickly. However, there may also be concerns among state tax officials about potential revenue impacts and the administrative burden that could arise from the increased functionality within the Tax Commissioner's office.

Contention

While the bill aims to facilitate the real estate market for nonresidents, it does not impose or remove any taxes, meaning the primary contention lies in its bureaucratic implications. Critics might argue about the sufficiency of safeguards to prevent misuse of the early refund option, stressing the importance of accurate tax submissions. Additionally, there could be apprehension about whether the Tax Commissioner will have the necessary resources to handle this new responsibility efficiently, which could impact processing times and overall effectiveness.

Companion Bills

No companion bills found.

Previously Filed As

WV SB176

Allowing Tax Commissioner to process certain early refunds

WV H4350

Authorizing the town of Brookline to levy a real estate transfer fee on certain real property transfers

WV S2949

Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements

WV H2788

Empowering cities and towns to impose a mansion fee to support affordable housing

WV HB05571

An Act Concerning Banking And Consumer Protections.

WV H4151

Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing

WV H3804

Establishing the Martha’s Vineyard housing bank

WV H3903

Authorizing the town of Nantucket to impose a real estate transfer fee for affordable and workforce housing and related capital improvements

WV S1782

Establishing the Martha’s Vineyard housing bank

WV H4300

Establishing a real property transfer fee in the town of Chatham

Similar Bills

WV SB176

Allowing Tax Commissioner to process certain early refunds

CA SB352

Income taxes: withholding: real property sales.

CA AB1582

Income taxes: withholding: real property sales: Katz-Harris Taxpayers’ Bill of Rights Act: report.

CA AB2529

Income taxation: like kind exchanges: withholding.

RI S1040

Creates new tax on gains from sale or exchange of real property held for short periods of time, 6 years or less, establishes a comprehensive framework to calculate and implement enforcement and provides imprisonment and/or fines for those who evade taxes.

RI S2347

Creates new tax on gains from sale or exchange of real property held for short periods of time, 6 years or less, establishes a comprehensive framework to calculate and implement enforcement and provides imprisonment and/or fines for those who evade taxes.

CA AB892

Transfers of real property.

CT HB05979

An Act Exempting Conveyances And Sales Or Transfers Of Controlling Interest To Public Housing Authorities From The Real Estate Conveyance Tax And The Controlling Interest Transfer Tax.