H. B. 2868
(By Delegates Hunt, White, Webster, Perdue,
Paxton, Hatfield, Moore, Tabb, Spencer
and Wells)
[Introduced February 27, 2009; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-21-12i, relating
to
allowing a subtraction from federal gross income for state
personal income tax purposes for any amount paid by a trust
established by the parents (now deceased) of an autistic minor
for the support of the minor for state income tax purposes.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §11-21-12I, to read as
follows:
ARTICLE 11. TAXATION.
§11-21-12i. Deduction for income derived from trust for autistic
minor.
(a) Notwithstanding any other provision of this code, in
addition to amounts authorized to be subtracted from federal
adjusted gross income pursuant to this article, any payment made by a trustee for the support of an autistic minor derived from a trust
created by the current decedent parents of said minor, is an amount
also authorized for modification reducing federal adjusted gross
income of the trust and the beneficiary, but only to the extent the
amount is not allowable as a deduction when arriving at the
taxpayer's federal adjusted gross income for the taxable year in
which the payment is made. This modification is available
regardless of the type of return form filed. The taxpayer may also
elect to carry forward the modification over a period not to exceed
five taxable years, beginning in the taxable year in which the
payment was made.
(b) The Tax Commissioner shall, by issuance of rules
forthwith, provide guidelines to ensure uniform assessment
practices statewide to effect the intent of this section.
NOTE: This bill shall allow a subtraction from federal gross
income any amount paid by a trust established by the parents (now
deceased) of an autistic minor for the support of the minor for
state income tax purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.