H. B. 2322
(By Delegates Craig, Amores and Kominar)
[Introduced February 14, 2005
; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-21-12g, relating
to creating an income tax deduction for taxpayers who
volunteer two hundred or more hours to a charitable
organization as defined in Section 501(c)(3) of the Internal
Revenue Code of 2003, as amended; and providing a civil fine
for violations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §11-21-12g, to read as
follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12g. Deduction for time volunteering to charitable
organizations.
(a) For taxable years beginning on and after the first day of January, two thousand five, and in addition to amounts authorized
to be subtracted from federal adjusted gross income pursuant to
subsection (c), section twelve of this article, any taxpayer who
contributes volunteer services may subtract annually from his or
her federal adjusted gross income, an amount equal to the monetary
value of volunteer services furnished as follows:
(1) An individual is a volunteer for the taxable year and
eligible for the subtraction modification under this section if the
individual:
(A) Volunteers two hundred or more hours to a charitable
organization as defined in Section 501(c)(3) of the Internal
Revenue Code of 2003, as amended; and
(B) Serves the charitable organization in a volunteer capacity
without compensation, except nominal expenses or meals.
(2) A participating charitable organization shall:
(A) Maintain a record of the activities and number of hours
donated by each volunteer during the calendar year;
(B) Provide each volunteer a report by the fifteenth day of
February of the following year listing the number of hours of
volunteered and the monetary value of volunteer services
contributed during the preceding calendar year; and
(C) Maintain a record that includes the names, social security
numbers, number of hours volunteered, and a certification that the
individuals listed qualified for the subtraction modification under this section.
(b) To qualify for the subtraction modification under this
subsection, an individual shall attach to his or her income tax
return a copy of the report provided by the charitable organization
under paragraph (2), subdivision (B), subsection (a) of this
section.
(c) On or before the first day of October of each year, the
charitable organization shall submit to the department of tax and
revenue, a report listing the names, social security numbers, and
number of hours contributed by the individuals who qualified for
the subtraction modification under this subsection for the
preceding taxable year.
(d) A person may not knowingly make or cause any false
statement or report to be made in any application or in any
document required under this subsection.
(e) Any person who violates or attempts to violate any
provision of this section is liable for a civil fine of not more
than one thousand dollars which may be assessed by the secretary of
the department of tax and revenue.
NOTE: The purpose of this bill is to create an income tax
deduction for taxpayers who volunteer two hundred or more hours to
a charitable organization. The bill also provides for the
assessment of a civil fine for violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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