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Introduced Version House Bill 4389 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4389


(By Delegates Hall and Carmichael)

[Introduced February 4, 2002; referred to the

Committee on Finance.]





A BILL to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four-g, relating to personal income tax generally and exempting from such tax the first fifty thousand dollars of income of a husband and wife filing a joint tax return; exempting the first twenty-five thousand dollars of income of an individual filing an individual tax return and providing a four percent tax on all income above those levels.

Be it enacted by the Legislature of West Virginia:
That article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four-g, to read as follows:
PART I. GENERAL.

ARTICLE 21. PERSONAL INCOME TAX.
§11-21-4g. Rate of tax -- Taxable years beginning on or after January 1, 2002.

(a) Rate of tax on individuals (except married individuals filing joint returns), married individuals filing separate returns, heads of households, estates and trusts.
-- The tax imposed by section three of this article on the West Virginia taxable income of every individual (except married individuals filing joint returns); every individual who is a head of a household in the determination of his or her federal income tax for the taxable year; every husband and wife who file a separate return under this article; every individual who is entitled to file his or her federal income tax return for the taxable year as a surviving spouse; and every estate and trust shall be determined in accordance with the following table:
If the West Virginia
taxable income is:
The tax is:


Less than $25,000
0% of the taxable income


$25,000 or more
4% of the taxable income


(b) Rate of tax on married individuals filing joint returns.
-- In the case of husband and wife filing joint returns under this article for the taxable year, the tax imposed by section three of this article on the West Virginia taxable income of each spouse shall be determined in accordance with the following table:
If the West Virginia
taxable income is:The tax is:

less than $50,0000% of the taxable income

50,000 or more
4% of the taxable income


(c) Applicability of this section.
-- The provisions of this section, shall be applicable in determining the rate of tax imposed by this article for all taxable years beginning after the thirty-first day of December, two thousand two, and shall be in lieu of the rates of tax specified in section four-e of this article.

NOTE: The purpose of this bill is to
exempt from the personal income tax the first fifty thousand dollars of income of a husband and wife filing a joint return and the first twenty-five thousand dollars of income of an individual filing an individual tax return. The bill also provides a four percent tax on all income above those levels.

This section is a new section, underscoring and strike- throughs are omitted.
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