COMMITTEE SUBSTITUTE

FOR

H. B. 2881

(By Delegates Kelley, Perdue, Ennis, Ashley,

Stemple, Givens and Hatfield)


(Originating in the House Committee on Finance)

[February 22, 2000]


A BILL to amend article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve-c, relating to reduction in federal adjusted gross income for gifts made to community foundations.

Be it enacted by the Legislature of West Virginia:
That article twenty-one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve-c, to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12c. Contributions to community foundations reducing state adjusted gross income.

For taxable years beginning on and after the first day of January, two thousand, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, ten percent of any amount contributed as a gift to a community foundation or community trust, as defined in article six-a, chapter forty-four of this code, is an authorized modification reducing the federal adjusted gross income, 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 contribution was made.