FISCAL NOTE

Date Requested: January 09, 2019
Time Requested: 05:38 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1034 Introduced SB58
CBD Subject:
Date Requested: January 10, 2018
Time Requested: 03:00 PM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
1383 Introduced SB120
CBD Subject:


FUND(S):

General Revenue Fund

Sources of Revenue:

General Fund

Legislation creates:

Decreases Existing Revenue



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to restore the exception for florists from the general sourcing rules with respect to the collection of sales and use taxes. A florist who is primarily engaged in the retail sale of cut flowers and flower arrangements is currently subject to the general transaction sourcing rules of the Streamlined Sales and Use Tax Agreement. This bill would reinstate the exception for florists, thereby requiring sourcing to be determined at the place where the order was taken. The exception would only apply to sellers whose gross sales or receipts from the sale of cut flowers and flower arrangements is more than 50 percent of total gross sales or receipts. The bill has no effective date. Therefore, if the bill passes, it would become effective 90 days from passage unless an effective date is added. According to our interpretation, the proposed bill would result in a minimal revenue impact to the General Revenue Fund. Additional administrative cost to the State Tax Department would be $2,000 in FY2020. There would be no additional administrative costs in subsequent years.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2019
Increase/Decrease
(use"-")
2020
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 2,000 0
Personal Services 0 2,000 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 0


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


A florist who is primarily engaged in the retail sale of cut flowers and flower arrangements is currently subject to the general transaction sourcing rules of the Streamlined Sales and Use Tax Agreement. This bill would reinstate the exception for florists, thereby requiring sourcing to be determined at the place where the order was taken. The exception would only apply to sellers whose gross sales or receipts from the sale of cut flowers and flower arrangements is more than 50 percent of total gross sales or receipts. The bill has no effective date. Therefore, if the bill passes, it would become effective 90 days from passage unless an effective date is added. According to our interpretation, the proposed bill would result in a minimal revenue impact to the General Revenue Fund. Additional administrative cost to the State Tax Department would be $2,000 in FY2020. There would be no additional administrative costs in subsequent years.



Memorandum


Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.



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