WEST virginia legislature
2018 regular session
House Bill 4585
By Delegate Lovejoy
[Introduced February 13,
to the Committee on Agriculture and Natural Resources then Finance.]
A BILL to amend and reenact §11-13DD-3 of the Code of West Virginia, 1931, as amended, relating to the Farm-To-Food Bank Tax Credit; and allowing the credit to equal 100 percent of the value of the donated edible agricultural products when the value is $2,500 or less.
Be it enacted by the Legislature of West Virginia:
ARTICLE 13DD. WEST VIRGINIA FARM-TO-FOOD BANK TAX credit.
§11-13DD-3. Amount of credit; limitation of credit.
(a) There is allowed to farming taxpayers who make donations of edible agricultural products to one or more nonprofit food programs in this state, a credit against taxes imposed by §11-21-1 et seq. and §11-24-1 et seq. of this code in the amount set forth in subsection (b) of this section.
(b) The amount of the
credit is equal to
ten 100 percent of the
value of the donated edible agricultural products, but not to exceed $2,500
during a taxable year or the total amount of tax imposed by §11-21-1 et seq.
or §11-24-1 et seq. of this code, whichever is less, in the year of
(c) If the amount of the credit exceeds the taxpayer’s tax liability for the taxable year, the amount which exceeds the tax liability may be carried over and applied as a credit against the tax liability of the taxpayer pursuant to §11-21-1 et seq. or §11-24-1 et seq. of this code to each of the next four taxable years unless sooner used.
(d) No more than $200,000
of tax credits may be allocated
to by the department in any
fiscal year. The department shall allocate the tax credits in the order the
donation forms are received.
NOTE: The purpose of this bill is to allow the Farm-To-Food Bank Tax Credit to equal 100 percent of the value of the donated edible agricultural products when the value is $2,500 or less.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.