H. B. 4553

         (By Delegate J. Miller (By Request))

         [Introduced February 16, 2012; referred to the

         Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-21-12j and §11-21-12k, all relating to personal income tax liability; modification reducing adjusted gross income for payor of child support by fifty percent of support payment; and modification increasing the adjusted gross income for payee of child support by fifty percent of support payment.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto new sections, designated §11-21-12j and §11-21-12k, all to read as follows:

ARTICLE 21. PERSONAL INCOME TAX.

§11-21-12j. Additional modification reducing federal adjusted                gross income; child support.

    For taxable years beginning after December 31, 2012, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, fifty percent of any payment made during the taxable year for child support pursuant to article thirteen, section forty-eight of this code is also an authorized modification reducing federal adjusted gross income.

§11-21-12k. Additional modification increasing federal adjusted               gross income; child support.

    For taxable years beginning after December 31, 2012, in addition to the amounts added to federal adjusted gross income pursuant to subsection (b), section twelve of this article, there shall be added to federal adjusted gross income fifty percent of any child support payments received during the taxable year, pursuant to article thirteen, section forty-eight of this code.

    NOTE: The purpose of this bill is to reduce adjusted gross income tax for fifty percent of child support payments made, and increase adjusted gross income tax for fifty percent of child support payment received.

    §11-21-12j and §11-21-12k are new; therefore, they have been completely underscored.