FISCAL NOTE

Date Requested: February 19, 2018
Time Requested: 01:27 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
2709 Introduced SB609
CBD Subject: Taxation


FUND(S):

General Revenue Fund, local governments

Sources of Revenue:

General Fund local governments

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 establish a yield capitalization process as an alternative method for the determination of the fair market value of oil, gas and natural gas liquids producing properties. The bill provides an alternate method of appeal concerning the valuation of natural resources property for ad valorem tax purposes. The bill grants jurisdiction to the West Virginia Office of Tax Appeals to hear an appeal. The bill defines a term. Passage of this bill would result in a loss of roughly $200,000 in State revenue and loss to local governments of $39.9 million beginning in FY2020. Additional administrative costs to the Tax Department would be significant. Local governments would have minimal additional costs.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2018
Increase/Decrease
(use"-")
2019
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 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 0 -40,000,000


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


Passage of this bill would result in a loss of roughly $200,000 in State revenue and loss to local governments of $39.9 million beginning in FY2020. Additional administrative costs to the Tax Department would be significant. Additional staff would be needed to verify the accuracy of actual expenses claimed by producers. Local governments would have minimal additional costs.



Memorandum


The stated purpose of this bill is to establish a yield capitalization process as an alternative method for the determination of the fair market value of oil, gas and natural gas liquids producing properties. The bill provides an alternate method of appeal concerning the valuation of natural resources property for ad valorem tax purposes. The bill grants jurisdiction to the West Virginia Office of Tax Appeals to hear an appeal. The bill defines a term. Further, the bill deducts the “average annual industry operating expenses” from the net operating expenses rather than the gross. It appears that certain expenses are twice deducted from gross receipts. The title states that the bill defines a term. There is no definition per se. The bill “defines” the fair market value of oil, gas liquids “and/or” natural gas producing property by way of directing the Tax Commissioner how to value the specified natural resources.



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