ENGROSSED
Senate Bill No. 70
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(Originating in the Committee on Finance;
reported February 16, 1993.)
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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-one; 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 differentmeaning 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-three,
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-two, 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-three,
shall be given effect.
(b)
Effective date. -- The amendments to this section
enacted in the year one thousand nine hundred ninety-three shall
be retroactive and shall apply to taxable years beginning on or
after the first day of January, one thousand nine hundred
ninety-two, 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-two, the law in
effect for each of those years shall be fully preserved as to
each such year.