WEST virginia legislature

2020 regular session

Committee Substitute

for

House Bill 4439

By Delegates Householder, Criss, Butler, Anderson, Rowan, Linville, Graves, Maynard, Barrett and Boggs

[Originating in the Committee on Finance;
February 21, 2020.]

A BILL to amend and reenact §11-13EE-3 of the Code of West Virginia, 1931, as amended, relating to a coal severance tax rebate; clarifying the methodology for determining the eligibility for said rebate; clarifying methods of calculation for the amount of severance tax attributable to the increase in coal production at a mine due to new qualifying capital investments; providing that when the producer of the coal operates more than one mine in this state, or is a member of a controlled or affiliated group that operates one or more coal mines in this state, any rebate allowed is further limited to 80 percent of the state portion of the increase in the aggregate total amount of severance taxes paid in the rebate year when compared to the aggregate total amount of severance taxes paid in the base-year period; but, subject to the individual and aggregate severance tax limitations, a rebate up to the maximum rebate shall only be allowed if the aggregate total coal production tonnage in the rebate year is greater than the aggregate total coal production tonnage during the base-year period from all mines, including the mine where the qualifying investment was made, operated by the taxpayer or by members of the affiliated or controlled group in this state; and no rebate shall be allowed if the aggregate total coal production tonnage in the rebate year is less than the aggregate total coal production tonnage during the base-year period; making technical corrections regarding internal code references; and clarifying that calculations are to be made with totals before the allowance of any tax credits are applied in certain circumstances.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13EE. COAL SEVERANCE TAX REBATE.

§11-13EE-3. Rebate allowable.

(a) Rebate allowable. Eligible taxpayers shall be are allowed a rebate for a portion of state severance taxes imposed by §11-13A-3 of this code on the privilege of severing, extracting, reducing to possession and producing coal for sale, profit, or commercial use that is attributable to the increase in the production of coal that is attributable to, and the consequence of, the taxpayer’s capital investment in new machinery, equipment, or improvements to real property used at the coal mine, or coal preparation and processing facility. The amount of this rebate shall be determined and applied as hereinafter provided in this article.

(b) Amount of rebate. ̶ The amount of rebate allowable is determined by multiplying the amount of the taxpayer’s capital investment in new machinery, equipment, or improvements to real property directly used in the production of coal at a coal mining operation in this state by 35 percent. The product of this computation establishes the maximum amount of rebate allowable under this article for the capital investment in new machinery, equipment, or improvements to real property.

(c) Application of rebate amount. ̶ The amount of rebate allowable is determined by applying the rebate amount determined in subsection (b) of this section against 80 percent of the state portion of the severance tax paid on the privilege of severing, extracting, reducing to possession, and producing coal for sale, profit, or commercial use that is directly attributable to the increased production of coal at the mine due to taxpayer’s capital investment in new machinery, equipment, or improvements to real property at the mine or coal processing and preparation plant.

(d) The amount of severance tax attributable to the increase in coal production at a mine due to the capital investment in new machinery, equipment, or improvements to real property shall be is determined by comparing: (1) The state portion of the severance tax due under §11-13A-3 of this code on coal produced from the mine during calendar year 2018, or if the taxpayer has produced coal for five years at the mine at which its capital investment in new machinery, equipment, or improvements to real property are placed in service or use the average of the state portion of the severance tax due under §11-13A-3 of this code on coal produced from the mine during the five year period ending on December 31, 2018, whichever is less, before allowance of any tax credits, except as provided in §11-13EE-3(e) of this code; and (2) with the state severance tax due on coal produced at the mine during the then current calendar year in which the rebate amount is claimed, before allowance for any tax credits. When the amount in subdivision (2) of this section subsection is greater than the amount in subdivision (1) of this section subsection, the difference is the amount of state severance tax due to the increase in coal production at the mine that is attributable to the capital investment in new machinery, equipment, or improvements to real property: Provided, That when the producer of the coal operates more than one mine in this state, or is a member of a controlled or affiliated group that operates one or more coal mines in this state, no credit shall be allowed unless the total coal production from all mines operated by the taxpayer or by members of the affiliated or controlled group in this state has increased any rebate allowed is further limited to 80 percent of the state portion of the increase in the aggregate total amount of severance taxes paid in the rebate year when compared to the aggregate total amount of severance taxes paid in the base-year period, but, subject to the individual and aggregate severance tax limitations, a rebate up to the maximum rebate shall only be allowed if the aggregate total coal production tonnage in the rebate year is greater than the aggregate total coal production tonnage during the base-year period from all mines, including the mine where the qualifying investment was made, operated by the taxpayer or by members of the affiliated or controlled group in this state; and no rebate shall be allowed if the aggregate total coal production tonnage in the rebate year is less than the aggregate total coal production tonnage during the base-year period: Provided, however, That in no case shall may the severance tax attributable to any mine other than the specific mine at which capital investment in new machinery, equipment, or improvements to real property is directly used in a coal mining operation has been placed in service or use be offset by this rebate.

(e) When the eligible taxpayer is a new business that has produced coal in this state for at least two years before making the capital investment in new machinery, equipment, or improvements to real property then, for purposes of subdivision (1) in subsection (d) of this section, the base shall be is the average amount of state severance tax due under §11-13A-3 of this code before allowance of any tax credits on coal produced in this state during this two-year period.

(f) No rebate shall be is allowed under this article when credit is claimed under any other article of this chapter for capital investment in the new machinery, equipment, or improvements to real property. No credit shall be is allowed under any other article of this chapter when rebate is allowed under this article for the capital investment in new machinery, equipment, or improvements to real property.

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