West Virginia 2024 Regular Session

West Virginia House Bill HB4989

Introduced
1/22/24  

Caption

To increase the tax rate on nonresidents by 1.5%

Impact

If enacted, HB 4989 would significantly alter the financial landscape for nonresidents conducting business or deriving income from West Virginia. The additional tax could be viewed as a method for the state to boost its revenues, particularly as the economy faces various financial pressures. However, the increase may also cause nonresident workers and businesses to reconsider their financial strategies, potentially impacting job availability and business investments in the region. The bill reflects an effort to ensure that nonresident income is adequately taxed in relation to the services and infrastructure they utilize in West Virginia.

Summary

House Bill 4989 is a proposed legislative measure aimed at increasing the tax burden on nonresidents by imposing an additional 1.5% tax rate on their income derived from West Virginia sources. The bill specifically amends and reenacts §11-21-32 of the Code of West Virginia, addressing how income from various sources—such as partnerships and S corporations—is taxed for nonresidents. This adjustment is intended to raise state revenue from individuals who earn income within the state's jurisdiction but are not residents, which could help fund various public services and infrastructure improvements.

Sentiment

The general sentiment around HB 4989 is likely to be mixed. Supporters may argue that imposing this tax is a fair approach to capturing revenues from those who benefit from the state without contributing proportionately. In contrast, critics, including some business groups and nonresident workers, may view the additional tax as a deterrent to economic activity and a burdensome expense that could negatively impact business growth and employment opportunities. This division illustrates the broader debate around taxation and its implications for governance, equity, and economic competitiveness.

Contention

Notable points of contention surrounding HB 4989 include discussions about the fairness of taxing nonresidents at a higher rate and the potential economic consequences of such a policy. Proponents emphasize the necessity of equitable taxation for all who benefit from the state's resources, arguing that nonresidents should contribute to the costs of public services they access. Conversely, opponents raise concerns that the increased tax could discourage nonresident investment and employment, with some arguing that it could lead to a decrease in new business startups or expansion in West Virginia. The bill highlights the ongoing tension in state fiscal policy regarding how to balance revenue generation with fostering a conducive business environment.

Companion Bills

No companion bills found.

Previously Filed As

WV SB60

Relating to tax on income of nonresidents from natural resources royalty payments

WV HB2623

Relating to withholding tax on income of nonresidents from natural resources royalty payments

WV HB3494

Relating to withholding tax on income of nonresidents from natural resources royalty payments

WV HB2608

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

WV SB151

Levying tax on pass-through entity's income

WV SB496

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

WV HB2934

Levying a tax on a pass-through entity’s income apportioned to West Virginia

WV HB2393

To extend the Neighborhood Investment Program Act to July 1, 2026 and to increase the allowable tax credit

WV HB2156

Exempting firefighters and volunteer firefighters from payment of income and real and personal property taxes

WV HB2115

Exempting law-enforcement officers from payment of income and personal property taxes

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