H. B. 2507
(By Delegates Overington, Ellem, Howard,
Louisos, Azinger, Sobonya and Webb)
January 22, 2003
; 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-two, relating to personal income tax; and authorizing
a two-tiered tax credit for parents or legal guardians who
provide their children with either home or private schooling.
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-two, to read as follows:
ARTICLE 22. PERSONAL INCOME TAX.
§11-21-22. Tax credit for providing home or 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, in the amount of five hundred dollars per
child for providing home schooling and in the amount of one
thousand dollars 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 board
of education may not create any additional regulations over the
education of a child whose parent or legal guardian receives a tax
credit as authorized by this section.
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 two-tiered
personal income tax credit to parents or legal guardians who
provide home or 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 $500 for home
schooling and $1,000 for private schooling.
This section is new; therefore, strike-throughs and
underscoring have been omitted.