FISCAL NOTE
Date Requested: February 16, 2026
Time Requested: 04:34 PM |
| Agency: |
Tax & Revenue Department, WV State |
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| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3571 |
Introduced |
HB5609 |
|
|---|
| CBD Subject: |
|
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FUND(S):
General Revenue Fund
Sources of Revenue:
General Fund
Legislation creates:
Decreases Existing Revenue, Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The stated purpose of this bill is to expand the Good Samaritan Food Donation Act to include tax incentives for retail food distributors who make wholesome and fit grocery products available for nonprofit organizations who will distribute the food to individuals and families in need.
According to our interpretation of this bill, retail food distributors and any other individuals or businesses that donate certain surplus food products to nonprofit organizations would be eligible for a tax credit offsetting Corporation Net Income Tax and Personal Income Tax liabilities after December 31, 2026. The proposed Good Samaritan Food Donation Tax credit is similar to the current State Farm to Food Bank tax credit, but it benefits retail food distributors and all other taxpayers who donate food to nonprofit organizations. The maximum credit amount would be $5,000 for each eligible taxpayer. The amount of the credit is 10 percent of the original retail sale value of the apparently fit grocery product or apparently wholesome food item. We do not know the retail sale value of the donated food items or the number of potential donating taxpayers, making it difficult to determine the loss to the General Revenue Fund in future fiscal years.
Additional administrative costs incurred by the State Tax Department would be $34,650 in FY027 and $11,000 per year in FY2028 and thereafter.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
34,650 |
11,000 |
| Personal Services |
0 |
11,000 |
11,000 |
| Current Expenses |
0 |
1,650 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
22,000 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
According to our interpretation of this bill, retail food distributors and any other individuals or businesses that donate certain surplus food products to nonprofit organizations would be eligible for a tax credit offsetting Corporation Net Income Tax and Personal Income Tax liabilities after December 31, 2026. The proposed Good Samaritan Food Donation Tax credit is similar to the current State Farm to Food Bank tax credit, but it benefits retail food distributors and all other taxpayers who donate food to nonprofit organizations. The maximum credit amount would be $5,000 for each eligible taxpayer. The amount of the credit is 10 percent of the original retail sale value of the apparently fit grocery product or apparently wholesome food item. We do not know the retail sale value of the donated food items or the number of potential donating taxpayers, making it difficult to determine the loss to the General Revenue Fund in future fiscal years.
Additional administrative costs incurred by the State Tax Department would be $34,650 in FY027 and $11,000 per year in FY2028 and thereafter.
Memorandum
Person submitting Fiscal Note: Mark Muchow
Email Address: RADfiscal@wv.gov