Senate Bill No. 172
(By Senators Whitlow, Helmick, Walker, Plymale, Blatnik,
Sharpe, Boley, Dugan, Kimble and Minear)
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[Originating in the Committee on Finance;
reported January 24, 1995.]
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A BILL to amend and reenact section nine, article twenty-one,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to updating
the meaning of certain terms used in the West Virginia
personal income tax act by bringing them into conformity
with their meanings for federal income tax purposes for
taxable years beginning after the thirty-first day of
December, one thousand nine hundred ninety-three;
preserving prior law; and specifying effective date.
Be it enacted by the Legislature of West Virginia:
That section nine, article twenty-one, chapter eleven of
the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-9. Meaning of terms.
(a) Any term used in this article shall have the same
meaning as when used in a comparable context in the laws of
the United States relating to income taxes, unless a different meaning is clearly required. Any reference in this article to
the laws of the United States shall mean the provisions of the
Internal Revenue Code of 1986, as amended, and such other
provisions of the laws of the United States as relate to the
determination of income for federal income tax purposes. All
amendments made to the laws of the United States prior to the
first day of January, one thousand nine hundred ninety-five,
shall be given effect in determining the taxes imposed by this
article for any taxable year beginning the first day of
January, one thousand nine hundred ninety-four, or thereafter,
but no amendment to the laws of the United States made on or
after the first day of January, one thousand nine hundred
ninety-five, shall be given any effect.
(b) Effective date. -- The amendments to this section
enacted in the year one thousand nine hundred ninety-five
shall be retroactive and shall apply to taxable years
beginning on or after the first day of January, one thousand
nine hundred ninety-four, to the extent allowable under
federal income tax law. With respect to taxable years that
begin prior to the first day of January, one thousand nine
hundred ninety-four, the law in effect for each of those years
shall be fully preserved as to such year.