HB 4013 establishes the "Mountaineer Flexible Tax Credit Act of 2026," creating a state tax credit program for businesses that invest in new projects or expansions within West Virginia. It directly affects qualified businesses seeking economic development incentives by requiring them to apply through the West Virginia Department of Commerce, with credits calculated based on new full-time jobs and average employer wages. Key provisions include standardized application procedures, annual reporting requirements, mandatory audits, and definitions for terms like "qualified business" and "average state wage." The bill aims to encourage private investment and job creation as part of broader economic development efforts, with the tax credit program applying to businesses meeting specific wage and employment criteria.
SB 1, the Small Business Growth Act, creates a new tax credit program administered by the West Virginia Department of Commerce to incentivize investment in small businesses. It provides insurance companies with a credit against their state premium tax equal to 15% of qualifying capital investments made by certified "growth funds" into eligible West Virginia businesses. Eligible businesses must have fewer than 250 employees and principal operations in the state, and investments are limited to 20% of a growth fund's capital authority or $7.5 million per business. The credit is claimed annually based on certified investments, with the program requiring annual reporting and prohibiting certain investment types.
HJR 22 proposes a constitutional amendment to give the West Virginia Legislature authority to reduce or eliminate ad valorem taxes on business inventory and other tangible personal property. The amendment would allow the Legislature to set different tax rates for various property types (like vehicles or business equipment), exempt specific items from taxation, or classify property as real or personal for tax purposes. It does not change current tax rates but creates a legal framework for future legislative action. The amendment requires voter approval in the 2026 general election and must comply with existing constitutional tax rate limits.
HB 4398 increases the privilege tax rate for licensed sports wagering operators in West Virginia from 10% to 25% of their adjusted gross sports wagering receipts. This tax, paid weekly by operators, replaces all other state and local taxes on sports wagering operations (except property tax), covering both revenue and equipment purchases. Operators must submit weekly reports showing gross receipts, adjusted receipts, and tax due, with negative weekly receipts allowed to be carried forward to offset future tax liability. The bill directly affects licensed sports wagering businesses operating under West Virginia's Lottery Sports Wagering Act.
HB 4684 eliminates tax credits for corporations and businesses using solar, wind, or other renewable energy systems after July 1, 2025, while maintaining tax credits for individual homeowners with residential renewable energy systems. It also requires renewable energy projects to be set back at least one mile from residential homes and mandates $400 million in liability insurance per 100 acres for cleanup after disasters. The bill directly affects commercial renewable energy operators by removing financial incentives, but does not impact residential users. These changes aim to reduce state subsidies for large-scale renewable energy operations.
SB 508 creates a tax credit allowing West Virginia businesses to deduct up to 50% of the cost of purchasing products manufactured in the state, directly benefiting companies with headquarters in West Virginia that buy locally made goods. The credit is capped at $100,000 per business annually, with unused credits carrying forward for up to four years. Businesses must provide proof of purchase for qualifying WV-manufactured products to claim the credit, which reduces franchise or income taxes. This policy aims to incentivize local procurement by lowering tax burdens for businesses purchasing in-state products.
SB 673 imposes a 3-cent tax per milligram of nicotine on all e-cigarette products sold in West Virginia, replacing a previous tax based on product type. This tax applies to both disposable (closed-system) and refillable (open-system) devices, with fallback rates (40mg per unit for disposables, 6mg/mL for refillables) if labeling is unclear. All revenue generated will be directed to the Public Employees Insurance Agency (PEIA) to reduce or stabilize state employees' health insurance premiums, without replacing existing employer contributions. The bill directly affects e-cigarette distributors and manufacturers in the state, effective July 1, 2026.
HB 4479 provides tax credits to West Virginia manufacturers that transform locally harvested wood into value-added products like veneer, engineered lumber, or wood pellets. The credits - ranging from $1.25 to $6 per ton of processed wood - apply to corporate or personal income tax based on volume tiers, with annual caps of $1.25 million for existing facilities and $2.5 million for new operations or expansions. To qualify, manufacturers must meet a "minimum transformation standard" (e.g., altering wood structure) using West Virginia-sourced feedstock, excluding basic handling like cutting or sorting. Credits are prorated based on the percentage of West Virginia wood used in production.
HB 4802 provides a state tax credit for businesses rehabilitating certified historic buildings in West Virginia. It offers a 10% credit on rehabilitation costs for certified historic structures, increasing to 25% for projects completed after December 2017 with specific certification. The bill allows phased rehabilitation projects (e.g., multi-stage renovations) where credits can be claimed for each completed phase, subject to final project certification. To qualify, property owners must be current on all taxes (state, local, and property taxes) and meet federal historic preservation standards. This credit directly affects property owners and developers of certified historic buildings seeking to offset state business tax liability.
SB 243 creates a tax credit for businesses in West Virginia that pay severance and business privilege taxes. The credit equals 25% of qualifying expenses businesses incur repairing public property and infrastructure after disasters like hurricanes, floods, or earthquakes. Qualifying expenses include labor, materials, and equipment used for debris removal, site preparation, and rebuilding public structures. Unused credits can be carried forward to future tax years, but the credit excludes costs exceeding fair market value for similar goods or services.
