H. B. 2238
(By Delegates Kiss and Wallace)
[Introduced January 25, 1995; referred to the
Committee on Finance.]
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 taxation;
personal income tax; meaning of terms; 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 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-four 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-three 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-four one thousand nine hundred ninety-five, shall
be given effect.
(b) Effective date. -- The amendments to this section
enacted in the year one thousand nine hundred ninety-four 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-three 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-three one
thousand nine hundred ninety-four, the law in effect for each of
those years shall be fully preserved as to each such year.
NOTE: The purpose of this bill is to update the meaning of
certain terms used in the West Virginia Personal Income Tax Act
to bring them into conformity with their meaning for federal
income tax purposes for taxable years beginning after December
31, 1993. The definitions in effect for taxable years beginning
before January 1, 1994 are fully preserved.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.