HB 4397
Relating to privilege tax on holding a license to operate interactive wagering
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill modifies the privilege tax on interactive wagering licenses in West Virginia. It increases the tax rate from 25% to 35% of a licensee’s adjusted gross interactive wagering receipts. Licensed operators must submit weekly reports detailing their revenue and tax obligations electronically. The privilege tax replaces other state and local taxes on interactive wagering proceeds, with the exception of property taxes and certain consumer sales taxes. Investments in gaming equipment or property improvements are not eligible for tax credits.
Key provisions
- Increases the privilege tax rate from 25% to 35% of adjusted gross interactive wagering receipts.
- Requires weekly electronic reporting of revenue and tax obligations to the commission.
- States that the privilege tax replaces other state and local taxes on interactive wagering revenue.
- Excludes the consumer sales and services tax, use tax, and local taxes from applying to interactive wagering revenue.
- Prohibits tax credits for investments in gaming equipment or property improvements.
- Specifies the accrual method of accounting for tax calculations.
- Sets a deadline for weekly tax payments (Wednesday following the calendar week).
- Defines ‘facility modernization improvements’ for recoupment purposes.
Who is affected
- Interactive wagering licensees in West Virginia
- The West Virginia Lottery Commission
- Businesses operating interactive wagering platforms
- Taxpayers subject to the privilege tax
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