H. B.4006
(By Delegate Flanigan)
[Introduced January 12, 2000; referred to the
Committee on Finance.]
A BILL to amend and reenact section sixteen, article twenty-one,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to raising the
personal income tax exemption from two thousand dollars to
two thousand seven hundred dollars for any taxable year
beginning on or after the first day of January, two
thousand.
Be it enacted by the Legislature of West Virginia:
That section sixteen, 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.
§11-21-16. West Virginia personal exemptions of resident individual.
(a) General. -- For any tax imposed under the provisions of
this article with respect to any taxable year prior to the first
day of January, one thousand nine hundred eighty-three, a
resident individual shall be allowed a West Virginia exemption of
six hundred dollars for each exemption for which he
or she
is
entitled to a deduction for the taxable year for federal income
tax purposes. With respect to any taxable year beginning on or
after the first day of January, one thousand nine hundred
eighty-three, and prior to the first day of January, one thousand
nine hundred eighty-four, said the exemption shall be seven
hundred dollars; with respect to any taxable year beginning on or
after the first day of January, one thousand nine hundred
eighty-four, said the exemption shall be eight hundred dollars;
and with respect to any taxable year beginning on or after the
first day of January, one thousand nine hundred eighty-seven,
said the exemption shall be two thousand dollars; and with
respect to any taxable year beginning on or after the first day
of January, two thousand, the exemption shall be two thousand
seven hundred dollars.
(b) Husband and wife. -- If the West Virginia income taxes of a husband and wife are separately determined but their federal
income tax is determined on a joint return, each of them shall be
separately entitled, with respect to any taxable year prior to
the first day of January, one thousand nine hundred eighty-three,
to a West Virginia exemption of six hundred dollars for each
federal exemption to which he
or she
would be separately entitled
for the taxable year if their federal income taxes had been
determined on separate returns. With respect to any taxable year
beginning on or after the first day of January, one thousand nine
hundred eighty-three, and prior to the first day of January, one
thousand nine hundred eighty-four, said the exemption shall be
seven hundred dollars; with respect to any taxable year beginning
on or after the first day of January, one thousand nine hundred
eighty-four, said the exemption shall be eight hundred dollars;
and with respect to any taxable year beginning on or after the
first day of January, one thousand nine hundred eighty-seven,
said the exemption shall be two thousand dollars; and with
respect to any taxable year beginning on or after the first day
of January, two thousand, the exemption shall be two thousand
seven hundred dollars.
(c) Surviving spouse. -- For taxable years beginning after the thirty-first day of December, one thousand nine hundred
eighty-six ninety-nine, a surviving spouse shall be allowed one
additional exemption of two thousand seven hundred dollars for
the two taxable years beginning after the year of death of the
deceased spouse.
For purposes of this section and section twelve of this
article, a surviving spouse means a taxpayer whose spouse died
during the taxable year prior to the taxable year for which the
annual return is being filed and who has not remarried at any
time before the end of the taxable year for which the annual
return is being filed.
(d) Certain dependents. -- Notwithstanding any provisions in
this section, for taxable years beginning after the thirty-first
day of December, one thousand nine hundred eighty-six, a resident
individual whose exemption amount for federal tax purposes is
zero by virtue of section 151(d)(2) of the Internal Revenue Code
of 1986, shall be allowed a single West Virginia exemption in the
amount of five hundred dollars.
NOTE: The purpose of this bill is to increase the West
Virginia personal income tax exemption from two thousand dollars
to two thousand seven hundred dollars for any taxable year beginning on or after January 1, 2000.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.