H. B. 4558
(By Delegates Armstead, Blair, Sumner,
Sobonya, Duke, Walters and Webb)
[Introduced February 20, 2004; referred to the
Committee on Finance.]
A BILL to amend and reenact §11-21-16 of the code of West Virginia,
1931, as amended, relating to personal exemptions for
personal income tax for resident individuals; allowing an
additional exemption of five hundred dollars per dependant
child for individuals or for a husband and wife whose
aggregate federal adjusted gross income is not more than
twenty-five thousand dollars.
Be it enacted by the Legislature of West Virginia:
That §11-21-16 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
PART II. RESIDENTS.
§11-21-16. West Virginia personal exemptions of resident
individual.
(a)
General. -- For any tax imposed under the provisions of this article with respect to any taxable year prior to the first
day of January, one thousand nine hundred eighty-three, a resident
individual shall be allowed a West Virginia exemption of six
hundred dollars for each exemption for which he
or she is entitled
to a deduction for the taxable year for federal income tax
purposes. With respect to any taxable year beginning on or after
the first day of January, one thousand nine hundred eighty-three,
and prior to the first day of January, one thousand nine hundred
eighty-four, said exemption shall be seven hundred dollars; with
respect to any taxable year beginning on or after the first day of
January, one thousand nine hundred eighty-four, said exemption
shall be eight hundred dollars; and with respect to any taxable
year beginning on or after the first day of January, one thousand
nine hundred eighty-seven, said exemption shall be two thousand
dollars.
(b)
Husband and wife. -- If the West Virginia income taxes of
a husband and wife are separately determined but their federal
income tax is determined on a joint return, each of them shall be
separately entitled, with respect to any taxable year prior to the
first day of January, one thousand nine hundred eighty-three, to a
West Virginia exemption of six hundred dollars for each federal
exemption to which he
or she would be separately entitled for the
taxable year if their federal income taxes had been determined on
separate returns. With respect to any taxable year beginning on or after the first day of January, one thousand nine hundred
eighty-three, and prior to the first day of January, one thousand
nine hundred eighty-four, said exemption shall be seven hundred
dollars; with respect to any taxable year beginning on or after the
first day of January, one thousand nine hundred eighty-four, said
exemption shall be eight hundred dollars; and with respect to any
taxable year beginning on or after the first day of January, one
thousand nine hundred eighty-seven, said exemption shall be two
thousand dollars.
(c) In addition to other exemptions provided in this section,
for taxable years beginning after the thirty-first day of December,
two thousand three, a resident individual, or a resident husband
and wife, whose aggregate federal adjusted gross income is
twenty-five thousand dollars or less, shall be allowed an
additional exemption of five hundred dollars for each exemption for
which he or she is otherwise entitled for a dependant child for
federal income tax purposes.
(c) (d) Surviving spouse.
-- For taxable years beginning after
the thirty-first day of December, one thousand nine hundred
eighty-six, a surviving spouse shall be allowed one additional
exemption of two thousand dollars for the two taxable years
beginning after the year of death of the deceased spouse.
For purposes of this section and section twelve of this
article, a surviving spouse means a taxpayer whose spouse died during the taxable year prior to the taxable year for which the
annual return is being filed and who has not remarried at any time
before the end of the taxable year for which the annual return is
being filed.
(d) (e) Certain dependents. -- Notwithstanding any provisions
in this section, for taxable years beginning after the thirty-first
day of December, one thousand nine hundred eight-six, a resident
individual whose exemption amount for federal tax purposes is zero
by virtue of section 151(d)(2) of the Internal Revenue Code of
1986, shall be allowed a single West Virginia exemption in the
amount of five hundred dollars.
NOTE: The purpose of this bill is to allow an additional
personal income tax exemption of $500 for each dependent child of
an individual or husband and wife whose aggregate adjusted gross
income is $25,000 or less, for tax years beginning after December
31, 2003.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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