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West Virginia Senate Bill 646 Expands Employer Child Care Tax Credits and Extends Credit Carry-Forward Periods

Original title: Relating to WV employer-provided or sponsored child care tax credit program

Last action · February 13, 2026: To FinanceSponsors: Vince Deeds and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Senate Bill 646 increases the employer-provided or sponsored child care tax credit from 50 percent to 100 percent of capital investment and operating costs, eliminates the requirement that child care centers primarily serve sponsoring employers' workers, and extends the credit period to 20 years. The measure applies to personal income tax and corporation net income tax, and allows eligible non-profit corporations to transfer or sell their available tax credits.

Why it matters

West Virginia employers and non-profit organizations providing child care benefits gain larger tax offsets and longer timeframes to use accumulated credits, while third-party providers can receive financial support from employers without meeting strict employee usage ratios.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

West Virginia employers

Employers receive increased tax credit percentages of 100 percent for capital investments and operating costs, as well as an extended 20-year carry-forward period.

Directly affected

Non-profit corporations

Qualified non-profit corporations under IRC §501(c)(3) or §501(c)(6) are granted transferable tax credits that can be sold or assigned to other taxpayers.

Directly affected

Third-party child care providers

Providers receiving financial contributions from employers can operate without strict employee usage ratios or proximity restrictions.

Key Facts

  • The aggregate amount of the capital investment tax credit is increased from 50 percent to 100 percent of the cost of qualified child-care property.
  • The tax credit for operating costs is increased from 50 percent to 100 percent of the cost of operation to the employer less employee-paid amounts.
  • Unused capital investment and operating cost tax credits may be carried forward for 20 years instead of 3 and 5 years.
  • Employer-sponsored child care provided by third parties is exempted from proximity or employee usage thresholds.
Show all 8 facts
  • Non-profit corporations organized under IRC §501(c)(3) or §501(c)(6) can transfer, sell, or assign their available child care tax credits to other taxpayers.
  • The Tax Department must certify the amount of transferable credit available to a non-profit corporation within 90 days of receiving a schedule.
  • The requirement that child care facilities primarily serve the children of a sponsoring employer's workforce is eliminated for qualifying third-party arrangements.
  • The Tax Commissioner is authorized to promulgate interpretive, legislative, procedural, and emergency rules.

Frequently Asked Questions

What is the new percentage for the employer child care tax credit?
The credit for both capital investment in child-care property and operating costs is increased from 50 percent to 100 percent.
How long can unused tax credits be carried forward under the bill?
Unused credits for both capital investments and operating costs can be carried forward for up to 20 years.
Can non-profit organizations benefit from these tax credits?
Yes. Non-profit corporations organized under Internal Revenue Code §501(c)(3) or §501(c)(6) can receive credits that are transferable, salable, or assignable to other taxpayers.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

6 actions
  1. Feb 13, 2026SenateCommittee
    To Finance
  2. Feb 13, 2026SenateCommittee
    Reported do pass, but first to Finance
  3. Jan 28, 2026SenateCommittee
    To Economic Development
  4. Jan 28, 2026SenateIntroduced
    Introduced in Senate
  5. Jan 28, 2026SenateCommittee
    To Economic Development then Finance
  6. Jan 28, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Expansion of Child Care Tax Incentives

The legislation shifts state policy from a 50 percent tax credit cap to a 100 percent credit, while removing traditional workplace proximity and employee usage ratio hurdles for third-party providers.

Connected Entities

Tax Department, Vince Deeds, Tax Commissioner and 3 more
OrganizationTax Department“West Virginia State Tax Department”Map →
PersonVince Deeds“Senator who introduced Senate Bill 646”Map →
OrganizationTax Commissioner“State official administering tax credits and rules”Map →
PersonBill Hamilton“Cosponsor of Senate Bill 646”Map →
otherInternal Revenue Code“Federal tax code referenced for definitions and non-profit status”Map →
PersonTrenton Barnhart“Cosponsor of Senate Bill 646”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy15
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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