Bill Text: WV HB2127 | 2018 | Regular Session | Introduced
Bill Title: Relating to personal income taxes
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-10 - To House Finance [HB2127 Detail]
Download: West_Virginia-2018-HB2127-Introduced.html
WEST virginia Legislature
2017 regular session
By
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to the Committee on Finance.
A BILL to amend and
reenact §11-21-16 of the Code of West Virginia, 1931, as amended, relating to
personal income taxes; and making the personal exemptions for purposes of West
Virginia's personal income tax the same as allowed for federal income tax purposes.
Be it enacted by the
Legislature of West Virginia:
That §11-21-16 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 21.
PERSONAL INCOME TAX.
§11-21-16. West Virginia personal exemptions of resident
individual.
(a) General. -- For any tax imposed under the
provisions of this article with respect to any taxable year prior to January 1,
1983, a resident individual shall be allowed a West Virginia exemption of $600
for each exemption for which he is entitled to a deduction for the taxable year
for federal income tax purposes. With
respect to any taxable year beginning on or after January 1, 1983, and prior to
January 1, 1984, said exemption shall be $700; with respect to any taxable year
beginning on or after January 1, 1984, said exemption shall be $800; and with
respect to any taxable year beginning on or after January 1, 1987, said
exemption shall be $2,000.
(b) Husband and wife. -- If the West Virginia income
taxes of a husband and wife are separately determined but their federal income
tax is determined on a joint return, each of them shall be separately entitled,
with respect to any taxable year prior to January 1, 1983, to a West Virginia
exemption of $600 for each federal exemption to which he or she would be
separately entitled for the taxable year if their federal income taxes had been
determined on separate returns. With
respect to any taxable year beginning on or after January 1, 1983, and prior to
January 1, 1984, said exemption shall be $700; with respect to any taxable year
beginning on or after January 1, 1984, said exemption shall be $800; and with
respect to any taxable year beginning on or after January 1, 1987, said
exemption shall be $2,000.
(c) Surviving spouse. -- For taxable years beginning
after December 31, 1986, a surviving spouse shall be allowed one additional
exemption of $2,000 for the two taxable years beginning after the year of death
of the deceased spouse.
For purposes of this section and section twelve of this
article, a surviving spouse means a taxpayer whose spouse died during the
taxable year prior to the taxable year for which the annual return is being
filed and who has not remarried at any time before the end of the taxable year
for which the annual return is being filed.
(d) Certain dependents. -- Notwithstanding any
provisions in this section, for taxable years beginning after December 31,
1986, a resident individual whose exemption amount for federal tax purposes is
zero by virtue of section 151(d)(2) of the Internal Revenue Code of 1986, shall
be allowed a single West Virginia exemption in the amount of $500.
(a) For taxable years beginning after December 31, 2016:
(1) A resident individual is allowed a West Virginia
exemption for each exemption for which the individual is entitled for federal
income tax purposes. The amount of the
exemption or exemptions is the same amount allowed for federal income tax
purposes.
(2) If the West Virginia income taxes of a husband and wife
are determined on a joint return and their federal income tax is determined on
a joint return, the amount of the exemption or exemptions is the same amount
allowed for federal income tax purposes.
(3) If the West Virginia income taxes of a husband and wife
are separately determined but their federal income tax is determined on a joint
return, each of them shall be separately entitled to fifty percent of the
amount claimed for federal income tax purposes.
NOTE: The purpose of this bill is to make the
personal exemptions of residents for purposes of West Virginia's personal income
tax the same as allowed for federal income tax purposes.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
