HB1336: Telework tax credit; creates income tax credit for certain employees.


HOUSE BILL NO. 1336
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Finance
on February 12, 2013)
(Patron Prior to Substitute--Delegate Ramadan)
A BILL to amend the Code of Virginia by adding in Chapter 10.1 of Title 33.1 a section numbered 33.1-391.5:1, relating to the Telework Grant Program.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 10.1 of Title 33.1 a section numbered 33.1-391.5:1 as follows:

§ 33.1-391.5:1. Telework Grant Program established.

A. As used in this section, unless the context requires a different meaning:

"Department" means the Department of Rail and Public Transportation.

"Telework" means the performance of normal and regular work functions by an employee on a workday at a location different from the place where work functions are normally performed and that is within or closer to the employee's residence. The term "telework" shall not include performance of work functions for a home-based business or by an individual who is self-employed. The term "telework" shall also not include extensions of the workday or work performed on a weekend or holiday.

B. From such funds as may be appropriated by the General Assembly, there is hereby created in the state treasury a special nonreverting fund to be known as the Telework Grant Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of grants to qualified individuals who telework. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

C. An individual shall be eligible to apply to the Department for a $250 grant if the individual teleworks at least 20 hours a week during at least 45 weeks of the immediately preceding calendar year. The application shall include a certification from the individual's employer to the Department, on such a form or in such a manner as specified by the Department, that the individual teleworked at least 20 hours a week during at least 45 weeks for such employer in the taxable year for which the individual is applying for credit under this section.

D. Grants shall be issued in the order that each completed application is received. In the event that the amount of eligible grants requested in a fiscal year exceeds the funds available in the Fund, such grants shall be paid in the next fiscal year in which funds are available.

E. The Department shall develop guidelines concerning the administration of the grant program.

2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law.


HOUSE BILL NO. 1336
House Amendments in [ ] -- February 4, 2013
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to tax credit for individuals who telework.
Patron Prior to Engrossment--Delegate Ramadan

Referred to Committee on Finance

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13 as follows:

§ 58.1-339.13. Telework tax credit.

A. As used in this section, unless the context requires a different meaning:

"Telework" means the performance of normal and regular work functions by an employee on a workday at a location different from the place where work functions are normally performed and that is within or closer to the employee's residence. The term "telework" shall not include performance of work functions for a home-based business or by an individual who is self-employed. The term "telework" shall also not include extensions of the workday or work performed on a weekend or holiday.

B. For taxable years beginning on or after January 1, 2013, but before January 1, 2018, an individual shall be eligible for a [ $500 $250 ] credit against the tax levied pursuant to § 58.1-320 for the relevant taxable year if the individual teleworks at least 20 hours a week during at least 45 weeks in such taxable year. In order to be allowed the credit, the individual shall submit an application to the Department. The application shall include a certification from the individual's employer to the Department, on such a form or in such a manner as specified by the Department, that the individual teleworked at least 20 hours a week during at least 45 weeks for such employer in the taxable year for which the individual is applying for credit under this section. The Department shall determine whether an applicant has met the requirements of this section and shall issue the tax credit to those individuals who have met such requirements. Tax credits shall be issued to approved applicants on a first-come, first-served basis. The Department shall not issue more than [ $2 million $1 million ]  in tax credits pursuant to this section in any fiscal year of the Commonwealth and shall not issue any tax credits subsequent to June 30, 2018.

C. The amount of the credit that may be claimed by the individual for the relevant taxable year shall not exceed the total amount of tax imposed upon him by this chapter for such taxable year. No unused tax credit shall be carried forward or carried back against the individual's tax liability.

D. The Tax Commissioner shall develop guidelines implementing the provisions of this section. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

HOUSE BILL NO. 1336

Offered January 9, 2013
Prefiled November 19, 2012
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to tax credit for individuals who telework.
Patron-- Ramadan

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13 as follows:

§ 58.1-339.13.Telework tax credit.

A. As used in this section, unless the context requires a different meaning:

"Telework" means the performance of normal and regular work functions by an employee on a workday at a location different from the place where work functions are normally performed and that is within or closer to the employee's residence. The term "telework" shall not include performance of work functions for a home-based business or by an individual who is self-employed. The term "telework" shall also not include extensions of the workday or work performed on a weekend or holiday.

B. For taxable years beginning on or after January 1, 2013, but before January 1, 2018, an individual shall be eligible for a $500 credit against the tax levied pursuant to § 58.1-320 for the relevant taxable year if the individual teleworks at least 20 hours a week during at least 45 weeks in such taxable year. In order to be allowed the credit, the individual shall submit an application to the Department. The application shall include a certification from the individual's employer to the Department, on such a form or in such a manner as specified by the Department, that the individual teleworked at least 20 hours a week during at least 45 weeks for such employer in the taxable year for which the individual is applying for credit under this section. The Department shall determine whether an applicant has met the requirements of this section and shall issue the tax credit to those individuals who have met such requirements. Tax credits shall be issued to approved applicants on a first-come, first-served basis. The Department shall not issue more than $2 million in tax credits pursuant to this section in any fiscal year of the Commonwealth and shall not issue any tax credits subsequent to June 30, 2018.

C. The amount of the credit that may be claimed by the individual for the relevant taxable year shall not exceed the total amount of tax imposed upon him by this chapter for such taxable year. No unused tax credit shall be carried forward or carried back against the individual's tax liability.

D. The Tax Commissioner shall develop guidelines implementing the provisions of this section. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).