SB1005 SFA Miller 5-17 #1

Baker 7816

Senator Miller moved to amend the bill on page two, section three, line nine, by striking out “$1” and inserting in lieu thereof “$1.55”;

And,

On page three, section three, after line forty, by inserting a new subsection, designated subsection (f), to read as follows:

(f)(1) For each taxable year beginning after December 31, 2016, a West Virginia resident who is eligible for the federal earned income tax credit under Section 32 of the Internal Revenue Code is eligible for a credit under article twenty-one of this chapter equal to fifteen percent of the amount of the federal earned income tax credit that the individual:

(A) Is eligible to receive in the taxable year; and

(B) Claimed for the taxable year under Section 32 of the Internal Revenue Code.

(2) If other credits allowed are used by the taxpayer for the taxable year, the West Virginia Earned Income Tax Credit shall be applied last.

(3) If the amount of the credit allowed exceeds the taxpayer's West Virginia personal income tax liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess, without interest.

(4) The commissioner shall make an effort every year to inform taxpayers who may be eligible to receive the credit provided under this section.

(5) The commissioner may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code for the administration of the provisions this section and develop and publish any instructions, any or all of which as may be determined to be necessary to provide guidance and assistance to taxpayers when claiming the West Virginia Earned Income Tax Credit.

Adopted

Rejected