This bill aims to amend the Good Samaritan Food Donation Act in West Virginia by introducing a tax credit for retail food distributors who donate surplus food products to nonprofit organizations. The new provisions establish a tax credit against corporation net income tax, which can also apply to personal income tax liabilities. Eligible taxpayers, defined as those who provide apparently fit grocery products or wholesome food to nonprofits, can receive a credit equal to one-tenth of the original retail sale value of the donated items. The bill also sets a limit of $5,000 per year for the credit, which is non-refundable and cannot be carried forward or backward to other tax years.

Additionally, the bill directs the State Tax Commissioner to create rules and forms for claiming the credit and mandates the Department of Human Services to disseminate information about the credit's availability to food distributors. The legislation emphasizes the importance of encouraging food donations to reduce waste and assist individuals and families in need, while also providing legal protections for donors against liability. The bill includes an insertion in the existing law to clarify that tax credit incentives are established to help mitigate food waste in West Virginia.

Statutes affected:
Introduced Version: 55-7D-1, 55-7D-3, 11-13NN-1, 11-13NN-2, 11-13NN-3