Senate Bill No. 674
(By Senators Bailey, Unger, Plymale, Love, Foster, Helmick,
Facemyer, Bowman, Jenkins, Sharpe, Fanning, Prezioso, White,
Chafin, Minard, Hunter, Dempsey, Edgell and Kessler)
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[Introduced February 20, 2006; referred to the Committee
on Finance.]
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A BILL to amend and reenact §11-21-16 of the Code of West Virginia,
1931, as amended, relating to providing personal exemptions
for resident individual and married taxpayers in West
Virginia.
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 I. GENERAL.
§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; and with respect to any taxable year beginning on or after
the first day of January, two thousand seven, said exemption shall
be twelve thousand five hundred 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; and with respect to any taxable year beginning on
or after the first day of January, two thousand seven, said
exemption shall be twenty-five thousand dollars.
(c) 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) 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 provide West Virginia
residents a personal tax exemption of $12,500 for individuals and
$25,000 for married couples.
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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