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Bill > HB4396


WV HB4396

WV HB4396
Prevent credit card surcharge from including sales tax


summary

Introduced
01/15/2026
In Committee
01/15/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to remove sales tax from being included in the electronic payment surcharge computation and creating a civil penalty.

AI Summary

This bill aims to prevent businesses from charging customers extra fees, known as surcharges, on top of sales tax when using electronic payment methods like credit or debit cards. It clarifies that any state or local taxes, such as sales tax, hotel occupancy tax, alcoholic beverage tax, or rental vehicle surcharge tax, must be excluded from the total amount used to calculate these electronic payment surcharges. Payment card networks, which are entities that facilitate these transactions, are required to either deduct the tax amount from the surcharge calculation at the time of settlement or provide a rebate for the portion of the surcharge attributable to the tax. If a business cannot provide tax information at the time of sale, the payment card network must still accept proof of collected taxes later and credit the business. Violating these provisions will result in a civil penalty of up to $1,000 per violation, and the payment card network will have to refund the improperly charged surcharge to the business.

Committee Categories

Budget and Finance

Sponsors (2)

Last Action

To House Finance (on 01/15/2026)

bill text


bill summary

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