Senate Bill No. 283
(By Senators Sypolt and Stollings)
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[Introduced January 21, 2008; referred to the Committee on
Finance.]
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A BILL to amend and reenact §11-21-21 of the Code of West Virginia,
1931, as amended, relating to changing the qualifier for low
income to three hundred percent or less of the federal poverty
guideline from one hundred fifty percent or less of the
federal poverty guideline for a senior citizens' homestead tax
credit.
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; tax credit for
property tax paid on first twenty thousand dollars
of value for property tax years after December 31, 2006.
(a)
Allowance of credit. --
(1) 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 is
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, except as provided in
subdivision (2) of this subsection.
(2) For tax years beginning on or after the first day of
January, two thousand seven, 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
is 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 twenty 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 seven.
(3) Due to the administrative cost of processing, the
refundable credit authorized by this section may not be refunded if less than ten dollars.
(4) 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:
Provided, That on
the first day of July, two thousand eight, that to qualify as low
income shall be determined by federal adjusted gross income for the
taxable year that is three hundred 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) (A) For tax years beginning before the first day of
January, two thousand seven, "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, except as provided in paragraph (B)
of this subdivision.
(B) For tax years beginning on or after the first day of
January, two thousand seven, "taxes paid" means the aggregate of
regular levies, excess levies and bond levies extended against not
more than twenty 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 seven.
(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.
NOTE: The purpose of this bill is to change the qualifier for
low income to three hundred percent or less of the federal poverty
guideline from one hundred and fifty percent or less of the federal
poverty guideline for a senior citizens' homestead tax credit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.