H. B. 2134



(By Delegates Hall and Carmichael)



[Introduced January 13, 2003; 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:
ARTICLE 21. PERSONAL INCOME TAX.
PART I. GENERAL.
§11-21-4g. Rate of tax -- Taxable years beginning on or after
January 1, 2003.
(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 $25,0000% 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 $50,000


0% of the taxable income
$50,000 or more4% 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 three, 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 new; therefore, strike-throughs and
underscoring and
have been omitted.