HB 2235 H VA AM 3-11
The Committee on Veterans Affairs and Homeland Security moves
to amend the bill on page 1, section 3, line 18, by striking all of
section 3 and inserting in lieu thereof the following:
"§11-21-3. Imposition of tax; additional, temporary surtax
imposed; effective and termination dates; minimum tax; persons
subject to tax.
(a) Imposition of tax.
(1) Primary tax. -- A tax determined in accordance with the
rates hereinafter set forth in this article is hereby imposed for
each taxable year on the West Virginia taxable income of every
individual, estate and trust.
(2) Temporary surtax. -- In addition to the primary tax
imposed upon the persons, for the periods, on West Virginia taxable
income, and at the rates, as aforesaid, there is hereby imposed an
additional tax, a temporary surtax, of twelve percent of such
determined primary tax liability for individuals and heads of
household with West Virginia taxable income in excess of ten
thousand dollars and for those filing a joint return with West
Virginia taxable income in excess of twenty thousand dollars; and
with such primary tax and additional tax, the temporary surtax,
together with the minimum tax herein, to constitute the tax imposed
by this section and under this article.
(3) Minimum tax. -- In addition to the primary tax and the temporary surtax imposed by this section, there is imposed a
minimum tax, which shall be the excess, if any, by which an amount
equal to twenty-five percent of any federal minimum tax or
alternative minimum tax for the taxable year exceeds the sum of the
primary tax and the temporary surtax imposed by this section for
the taxable year.
(4) Effective date. -- The additional tax, the temporary
surtax herein imposed, and the minimum tax herein imposed are
hereby made effective on and after the first day of April, one
thousand nine hundred eighty-three: Provided, That the temporary
surtax shall expire, be nullified and of no further force or effect
whatsoever after the thirtieth day of June, one thousand nine
hundred eighty-five. Section four-e of this article, applicable to
the effect of any rate changes during a taxable year shall be
construed to include and also be applicable to the surtax imposed
in this section or any change of surtax hereafter during a taxable
year.
(b) Partners and partnerships. -- A partnership as such shall
not be subject to tax under this article. Persons carrying on
business as partners shall be liable for tax under this article
only in their separate or individual capacities.
(c) Associations taxable as corporations. -- An association,
trust or other unincorporated organization which is taxable as a
corporation for federal income tax purposes, shall not be subject to tax under this article.
(d) Exempt trusts and organizations. -- A trust or other
unincorporated organization which by reason of its purposes or
activities is exempt from federal income tax shall be exempt from
tax under this article (regardless of whether subject to federal
income tax on unrelated business taxable income).
(e) Veterans of the Armed Forces -- for tax years beginning on
or after January 1, 2010, a veteran of the United States Armed
Forces who has been honorably discharged is exempt from the tax
imposed in this article for a period of one year, subject, however
to the requirements of this subsection. The veteran must be a
resident of and physically residing in this state during the period
of time the exemption is claimed. A veteran is eligible for the
exemption in any year period within two years following the date of
honorable discharge from the United States Armed Forces. As used in
this subsection, "veteran" has the same meaning as defined in
section seven, article one, chapter nine-a of this code.
(e)(f) Cross references. -- For definitions of West Virginia
taxable income of:
(1) Resident individual, see section eleven.
(2) Resident estate or trust, see section eighteen.
(3) Nonresident individual, see section thirty-one.
(4) Nonresident estate or trust, see section thirty-eight."
Adopted
Rejected