FISCAL NOTE

Date Requested: January 24, 2023
Time Requested: 05:12 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
2863 Introduced HB2950
CBD Subject:


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 exempt feminine hygiene products and diapers from state sales tax. Passage of this bill would add an exemption from sales tax for feminine hygiene products and diapers. Based on our interpretation, passage of this bill would result in a loss to the General Revenue Fund collections of roughly $1.3 million in FY2024 and $3.2 million in subsequent fiscal years. Absent an effective date in the bill, provisions of this bill would become effective on January 1, 2024. Additional administrative costs incurred by the State Tax Department are expected to be $1,000 in FY2024.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2023
Increase/Decrease
(use"-")
2024
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 1,000 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 -1,300,000 -1,300,000


Explanation of above estimates (including long-range effect):


Passage of this bill would add an exemption from sales tax for feminine hygiene products and diapers. Based on our interpretation, passage of this bill would result in a loss to the General Revenue Fund collections of roughly $1.3 million in FY2024 and $3.2 million in subsequent fiscal years. Absent an effective date in the bill, provisions of this bill would become effective on January 1, 2024. Additional administrative costs incurred by the State Tax Department are expected to be $1,000 in FY2024.  



Memorandum


The stated purpose of this bill is to exempt feminine hygiene products and diapers from state sales tax. The definitions in the proposed bill may put West Virginia out of compliance with the Streamlined Sales and Use Tax Agreement. The proposed bill does not define “feminine hygiene product” and “diapers” the same as those terms are defined in Appendix C, Part II of, and required by, Article III, Section 327 of the Streamlined Sales and Use Tax Agreement, of which West Virginia is a signatory. The bill does not contain an internal effective date.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov