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Introduced Version House Bill 2197 History

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hb2197 intr
H. B. 2197


(By Delegate Walters)
[Introduced February 11, 2005; referred to the
Committee on Education then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12g, relating to exempting students attending state colleges or universities in undergraduate programs and graduates of undergraduate programs of state institutions of higher learning for the first two tax years postgraduation from the payment of state income tax; providing that students attending state institutions and enrolled in undergraduate programs and undergraduate graduates of state institutions for the first two years after graduating shall pay seventy-five percent of any state income tax that they otherwise would owe to the particular institution or other corporate creditor from which the student or graduate obtained student loans to attend the state institution of higher learning.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-21-12g, to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12g. Exemption for students attending or graduated from state institutions of higher learning.

Any student attending full-time a state public institution of

higher learning in an accredited undergraduate program and for the first two tax years following successful completion of an undergraduate program, is exempt from the tax imposed by this article: Provided, That in order to qualify for this exemption, the taxpayer must present proof to the State Tax Department that in the year of exemption provided under this section, he or she paid a minimum sum equal to or greater than seventy-five percent of the tax liability that would have otherwise existed under this article in the subject tax year to the institution or other qualified lending entity to which the taxpayer has incurred a debt in the form of a student loan or student loans. The Tax Commissioner shall propose legislative rules in accordance with article three, chapter twenty-nine-a of this code designed to effectuate the provisions of this section.


NOTE: The purpose of this bill is to exempt undergraduate students attending state colleges or universities as well as graduates of undergraduate programs of such state institutions for the first two tax years postgraduation, from the payment of state income tax. The bill also provides that the undergraduate students and undergraduate graduates for the first two years after graduating shall pay seventy-five percent of any state income tax that they otherwise would owe to the particular institution or other qualified lending creditor they owe for student loans. The Tax Commissioner is directed to propose legislative rules to effectuate the purposes of the bill.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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