West Virginia 2023 Regular Session

West Virginia House Bill HB3075

Introduced
1/26/23  
Refer
1/26/23  

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

If enacted, HB 3075 will amend the West Virginia Code, particularly §8-13-5, adjusting the framework surrounding taxation for municipalities. By establishing clear guidelines regarding the taxation of subcontractors, municipalities will be limited in their ability to tax businesses that do not directly hold contracts. This could incentivize more subcontracting activities within the state, ultimately stimulating economic growth by allowing subcontractors to compete more effectively without the additional financial burden of municipal taxes.

Summary

House Bill 3075 seeks to clarify the application of municipal business and occupation taxes in West Virginia, stipulating that subcontractors engaged on projects will be exempt from such taxes. The intent of the bill is primarily to prevent the imposition of taxes on subcontractors who perform work under a prime contractor, ensuring that the financial burden of taxes is limited to the owners of contracts. This legislative effort aims to foster a more conducive environment for subcontracting businesses by removing what some proponents view as an unnecessary economic obstacle.

Sentiment

The sentiment surrounding HB 3075 appears to be generally favorable among the subcontractor community and certain industry stakeholders. They perceive the legislation as a positive step towards reducing operational costs and enhancing competitiveness. However, there could be dissent from municipal officials or local governments who rely on these business and occupation taxes as a source of revenue, pointing towards a potential conflict of interest between fostering business growth and maintaining municipal funding.

Contention

One notable point of contention is the potential impact of this bill on local revenue generation. Critics may argue that exempting subcontractors from municipal taxes could lead to significant revenue losses for municipalities, which could in turn affect local public services and infrastructure. Proponents, however, argue that by promoting a more favorable tax environment for subcontractors, the long-term economic benefits, including job creation and increased business activity, will outweigh these immediate fiscal concerns.

Companion Bills

No companion bills found.

Previously Filed As

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 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 HB4636

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

WV HB4762

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

WV HB2036

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

WV SB185

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

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 HB2104

Limiting the imposition of municipal business and occupation taxes

WV HB3321

Limiting the imposition of municipal business and occupation taxes

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