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Introduced Version House Bill 2868 History

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hb2868 intr
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.
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