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Proposed tax break could launch new business for Virginia spaceport

Legislation would authorize tax deduction for Virginians who pay to send their cremated remains into orbit

Joe Dashiell

Reporter

7:12 PM EST, December 28, 2011

RICHMOND, Va.

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NASA has launched thousands of rockets from Wallops Island over the last 60 years. And the state is hoping to capitalize on commercial space opportunities with the Mid-Atlantic Regional Spaceport there.

Soon, state lawmakers will consider a tax break that could foster a new niche for the facility on Virginia's Eastern Shore: launching cremated human remains into space.

House Bill 19 would authorize a tax deduction of up to eight thousand dollars for Virginians who pay to have their cremated remains launched into earth or lunar orbit. The catch? You'll have to use a spaceport operated by the Virginia Commercial Spaceflight Authority.

Following is the portion of the legislation that deals with the proposed tax break:

14. a. For taxable years beginning on or after January 1, 2013, but before January 1, 2021, a deduction shall be allowed to the purchaser for the amount paid during the taxable year for a prepaid contract entered into with a commercial space flight entity, as defined in § 8.01-227.8, to place the taxpayer’s human cremated remains into earth or lunar orbit from a spaceport facility operated by the Virginia Commercial Space Flight Authority established pursuant to Article 2 (§ 2.2-2201 et seq.) of Chapter 22 of Title 2.2. The total amount deducted by any individual shall be limited to $8,000 per person. The amount deducted on any individual income tax return in any taxable year shall be limited to $2,500 per person. If the purchase price of a prepaid contract exceeds $2,500 per person, any amount in excess of $2,500 may be carried forward and subtracted in future taxable years until the lesser of the purchase price or $8,000 per person has been fully deducted.

b. Notwithstanding the statute of limitations on assessments contained in § 58.1-312, any deduction taken hereunder shall be subject to recapture in the taxable year in which either of the following events occur: (i) either party terminates the prepaid contract or (ii) the contract is amended to provide for the launch of the taxpayer’s human cremated remains from a spaceport facility other than one operated by the Virginia Commercial Space Flight Authority.