H. B. 4403


(By Delegates Henderson, Webb and Evans, By Request)
[Introduced February 12, 1998; referred to the
Committee on Education then 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 twenty-one, relating to personal income tax; and authorizing a tax credit for parents or legal guardians who pay tuition to send their children to private school.

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 twenty-one, to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.

§11-21-21. Tax credit for private schooling.

A parent or legal guardian who is a resident of West Virginia is entitled to receive a tax credit against his or her personal income tax liability, otherwise due under this article, upon the completion of a school year, as defined in section two, article one, chapter eighteen of this code, in the amount of up to one thousand dollars per child, but not to exceed the total tuition paid annually per child, for providing private schooling pursuant to the educational requirements set by the state board of education for primary and secondary programs and standards.
The state tax commissioner shall provide rules for reporting, filing and application of claims for the tax credit provided for under this section in a manner which conforms to the rules for tax liability otherwise due.

NOTE: The purpose of this bill is to provide a personal income tax credit to parents or legal guardians who provide private, primary or secondary education for their children. The tax credit will be effective upon the completion of a school year and available at a rate per child of up to $1,000, but not exceeding the total tuition paid annually per child for private schooling.

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