H. B. 2649


(By Delegates Hall, Harrison, Greear, Azinger and Kime)
[Introduced February 22, 1995; referred to the
Committee on Finance.]




A BILL to amend and reenact section three, article fifteen,
chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to decreasing the sales tax to five percent.

Be it enacted by the Legislature of West Virginia:
That section three, article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. CONSUMERS SALES TAX.
§11-15-3. Amount of tax; allocation of tax and transfers.
(a) For the privilege of selling tangible personal property and of dispensing certain selected services defined in sections two and eight of this article, the vendor shall collect from the purchaser the tax as provided under this article, and shall pay the amount of tax to the tax commissioner in accordance with the provisions of this article.
(b) Beginning on the first day of March July, one thousand nine hundred eighty-nine ninety-five, the general consumer sales and service tax imposed by this article shall be at the rate of six five cents on the dollar of sales or services. excluding gasoline and special fuel sales, which remain taxable at the rate of five cents on the dollar of sales
(c) There shall be no tax on sales where the monetary consideration is five cents or less. The amount of the tax shall be computed as follows:
(1) On each sale, where the monetary consideration is from six cents to sixteen twenty cents, both inclusive, one cent.
(2) On each sale, where the monetary consideration is from seventeen twenty-one cents to thirty-three forty cents, both inclusive, two cents.
(3) On each sale, where the monetary consideration is from thirty-four forty-one cents to fifty sixty cents, both inclusive, three cents.
(4) On each sale, where the monetary consideration is from fifty-one sixty-one cents to sixty-seven eighty cents, both inclusive, four cents.
(5) On each sale, where the monetary consideration is from sixty-eight eighty-one cents to eighty-four cents one dollar, both inclusive, five cents.
(6) On each sale, where the monetary consideration is from eighty-five cents to one dollar, both inclusive, six cents.
(7)
(6) If the sale price is in excess of one dollar, six five cents on each whole dollar of sale price, and upon any fractional part of a dollar in excess of whole dollars as follows: One cent on the fractional part of the dollar if less than seventeen twenty-one cents; two cents on the fractional part of the dollar if in excess of sixteen twenty cents but less than thirty-four forty-one cents; three cents on the fractional part of the dollar if in excess of thirty-three forty cents but less than fifty-one sixty-one cents; four cents on the fractional part of the dollar if in excess of fifty sixty cents but less than sixty-eight eighty-one cents; and five cents on the fractional part of the dollar if in excess of sixty-seven eighty cents. but less than eighty-five cents; and six cents on the fractional part of the dollar if in excess of eighty-four cents For example, the tax on sales from one dollar and one cent to one dollar and sixteen twenty cents, both inclusive, seven six cents; on sales from one dollar and seventeen twenty-one cents to one dollar and thirty-three forty cents, both inclusive, eight seven cents; on sales from one dollar and thirty-four forty-one cents to one dollar and fifty sixty cents, both inclusive, nine eight cents; on sales from one dollar and fifty-one sixty-one cents to one dollar and sixty-seven eighty cents, both inclusive, ten nine cents; on sales from one dollar and sixty-eight eighty-one cents to one dollar and eighty-four cents two dollars, both inclusive, eleven ten cents. and on sales from one dollar and eighty-five cents to two dollars, both inclusive, twelve cents
(d) Separate sales, such as daily or weekly deliveries, shall not be aggregated for the purpose of computation of the tax even though such sales are aggregated in the billing or payment therefor. Notwithstanding any other provision, coin-operated amusement and vending machine sales shall be aggregated for the purpose of computation of this tax.
(e) Of the taxes collected under the provisions of this article, one sixth of such taxes collected for the period subsequent to the thirty-first day of May one thousand nine hundred eighty-eight prior to the first day of July, one thousand nine hundred eighty-nine, and not attributable to or resulting from the repeal of section eleven of this article or attributable to tax on purchases of gasoline and special fuel, shall be reasonably allocated, with allowance for refunds and net of reasonable costs of administration, to and deposited by the tax commissioner in the special account created in the treasury by section eight-a, article four-b, chapter twenty-three of this code, not to exceed the amount sufficient for making timely repayment of the principal and interest under the first payment due, by the thirtieth day of June, one thousand nine hundred eighty-nine, in repayment for the moneys previously transferred from such pneumoconiosis fund.




NOTE: The purpose of this bill is to decrease the sales tax to five percent.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.