Senate Bill No. 345
(By Senator Manchin)
____________
[Introduced March 10, 1993; referred to the Committee
on Finance.]
____________
A BILL to amend and reenact section fifteen, article twenty-one,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to personal
income tax; and providing for an itemized deduction of a
resident individual for charitable contributions.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article twenty-one, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-15. West Virginia itemized deduction of a resident
individual.
(a)
General.
-- If federal taxable income of a resident
individual is determined by itemizing deductions from his federal
adjusted gross income, he may elect to deduct his West Virginia
itemized deduction in lieu of his West Virginia standard
deduction. The West Virginia itemized deduction of a residentindividual means the total amount of his deductions from federal
adjusted gross income, other than federal deductions for personal
exemptions, as provided in the laws of the United States for the
taxable year with the modifications specified in this section.
(b)
Husband and wife.
-- (1) A husband and wife, both of
whom are required to file returns under this article, shall be
allowed West Virginia itemized deductions only if both elect to
take West Virginia itemized deductions.
(2) The total of the West Virginia itemized deductions of a
husband and wife whose federal taxable income is determined on a
joint return, but whose West Virginia taxable incomes are
determined separately, may be taken by either or divided between
them in such proportions as they may elect.
(c)
Modifications reducing federal itemized deductions.
--
The total amount of deductions from federal adjusted gross income
shall be reduced by the amount of such federal deductions for:
(1) Income taxes imposed by this state or any other taxing
jurisdiction; and
(2) Interest on indebtedness incurred or continued to
purchase or carry obligations or securities the income from which
is exempt from tax under this article.
(3) Charitable contributions to, or for the use of, a
charitable, religious, educational, public or scientific
organization or the United States, the state of West Virginia or
other governmental unit of the state.
(d)
Partners.
-- The amounts of modifications undersubsection (c) required to be made by a partner with respect to
items of deduction of a partnership shall be determined under
section seventeen.
(e)
Expiration.
-- The West Virginia itemized deduction
provided in this section shall not apply to taxable years
beginning after the thirty-first day of December, one thousand
nine hundred eighty-six.
NOTE: The purpose of this bill is to allow individual
residents of the state, who itemize their tax deductions, to
claim a deduction to charitable organizations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.