ENROLLED
Senate Bill No. 609
(By Senators Helmick and Minard)
____________
[Passed March 9, 2006; in effect ninety days from passage.]
____________
AN ACT to amend and reenact §11-21-21 of the Code of West Virginia,
1931, as amended, relating to personal income tax; and
subjecting the refundable senior citizens' tax credit to a
three-year statute of limitations for filing a claim for
refund.
Be it enacted by the Legislature of West Virginia:
That §11-21-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-21. Senior citizens' tax credit for property tax paid on
first ten thousand dollars of taxable assessed value
of a homestead in this state.
(a) Allowance of credit. -- A low-income person who is
allowed a twenty thousand dollar homestead exemption from the
assessed value of his or her homestead for ad valorem property tax purposes, as provided in section three, article six-b of this
chapter, shall be allowed a refundable credit against the taxes
imposed by this article equal to the amount of ad valorem property
taxes paid on up to the first ten thousand dollars of taxable
assessed value of the homestead for property tax years that begin
on or after the first day of January, two thousand three: Provided,
That the credit for each property tax year shall be claimed by
filing a claim for refund within three years after the due date for
the personal income tax return upon which the credit is first
available.
(b) Terms defined. -- For purposes of this section:
(1) "Low income" means federal adjusted gross income for the
taxable year that is one hundred fifty percent or less of the
federal poverty guideline for the year in which property tax was
paid, based upon the number of individuals in the family unit
residing in the homestead, as determined annually by the United
States Secretary of Health and Human Services.
(2) "Taxes paid" means the aggregate of regular levies, excess
levies and bond levies extended against not more than ten thousand
dollars of the taxable assessed value of a homestead that are paid
during the calendar year determined after application of any
discount for early payment of taxes but before application of any
penalty or interest for late payment of property taxes for a
property tax year that begins on or after the first day of January,
two thousand three.
(c) Legislative rule. -- The Tax Commissioner shall propose a
legislative rule for promulgation as provided in article three,
chapter twenty-nine-a of this code to explain and implement this section.
(d) Confidentiality. -- The Tax Commissioner shall utilize
property tax information in the statewide electronic data
processing system network to the extent necessary for the purpose
of administering this section, notwithstanding any provision of
this code to the contrary.