H. B. 2192
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
[By Request of the Executive]
[Introduced February 19, 1993; referred to the
Committee on Finance.]
A BILL to amend and reenact section nine, article twenty-three,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section thirteen, article twenty-four of said
chapter, relating to extending the due dates of the annual
return for the business franchise tax and the annual return
for the corporation net income tax for certain tax exempt
organizations that realize unrelated business income; and
specifying effective dates.
Be it enacted by the Legislature of West Virginia:
That section nine, article twenty-three, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that section thirteen,
article twenty-four of said chapter be amended and reenacted to
read as follows:
ARTICLE 23. BUSINESS FRANCHISE TAX.
§11-23-9. Annual returns.
(a)
In general.
-- Every person subject to the tax imposed
by this article shall make and file an annual return for the
taxable year with the tax commissioner on or before:
(1) The fifteenth day of the third month of the next
succeeding taxable year if the person is a corporation; or
(2) The fifteenth day of the fourth month of the next
succeeding taxable year if the person is a partnership.
The annual return shall include such information as the tax
commissioner may require for determining the amount of taxes due
under this article for the taxable year.
(b) Special rule for tax exempt organizations with unrelated
business taxable income. -- Notwithstanding the provisions of
subsection (a), when a business franchise tax return is required
from an organization generally exempt from tax under subsection
(b), section seven of this article, which has unrelated business
taxable income, the annual return shall be filed on or before the
fifteenth day of the fifth month following the close of the
taxable year.
(b) (c)
Consolidated returns.
-- (1) Any corporation that
files as part of an affiliated group for purposes of the tax
imposed by article twenty-four of this chapter shall file a
consolidated return under this article.
(c) (d) The tax commissioner may, at his or her discretion,
require an affiliated group of corporations to file a
consolidated tax return under this article in order to accurately
determine the taxes due under this article.
(e) Effective date. -- The amendments to this section made
in the year one thousand nine hundred ninety-three, shall apply
to tax returns that become due after the first day of that year.
ARTICLE 24. CORPORATION NET INCOME TAX.
§11-24-13. Returns; time for filing.
(a) On or before the fifteenth day of the third month
following the close of a taxable year, an income tax return under
this article shall be made and filed by or for every corporation
subject to the tax imposed by this article.
(b) Special rule for tax exempt corporations with unrelated
business taxable income. -- Notwithstanding the provisions of
subsection (a), when an income tax return is required from a
corporation generally exempt from tax under subsection (a),
section five of this article, which has unrelated business
taxable income, the annual return shall be filed on or before the
fifteenth day of the fifth month following the close of the
taxable year.
(b) (c) The tax commissioner may combine into one form the
annual return due under this article and the annual return due
under article twenty-three of this chapter. When a combined
business franchise tax and corporation net income tax annual
return is filed by a taxpayer, the amount of tax remitted shall
be applied first against any business franchise tax that may be
due for the taxable year under article twenty-three of this
chapter and then against any corporation net income tax that may
be due for the taxable year. The tax commissioner may alsocombine the forms for filing declarations of estimated tax and
the forms for making installment payments of estimated tax.
(c) (d)
Effective date.
-- The amendments to this section
made by this act shall apply to all taxable years ending after
the effective date of this act in the year one thousand nine
hundred ninety-three, shall apply to tax returns that become due
after the first day of that year.
NOTE: The purpose of this bill is to extend the due date of
business franchise and corporation net income tax returns filed
by certain tax exempt organizations that derive unrelated
business taxable income to coincide with the due date of their
federal income tax return.
Strike-throughs indicate language that would be deleted from
current law, and underscoring indicates language that would be
added.