(a) The credit available under this article may be claimed each year, and payment of the same requested by a low-income senior citizen, by filing, within ninety days following the filing of his or her federal income tax return for the year, a claim for credit on forms furnished by the state Tax Commissioner who shall process a requisition for remittance by the State Treasurer of the correct amounts of credit shown on properly completed and filed claims within the same time and according to the same procedures, including the payment of applicable interest, as provided in §11-10-14c of this code for refunds of personal income tax.

(b) No person may receive a credit pursuant to this section in excess of $200: Provided, That any person entitled to the credits against personal income tax authorized in sections twenty-one, twenty-two or twenty-three of article twenty-one of this chapter, may also receive the credits authorized by this article. The maximum amount of the credit authorized by this article shall be reviewed annually by the Legislature to determine if an adjustment is necessary.

(c) Due to the administrative cost of processing, the credit authorized by this section may not be paid if the amount of the credit is determined to be less than $10.

§11-13DD-3. Definitions.

(a) For the purposes of this article, the term “adjusted credit amount” shall mean the amount which is equal to one percent of the person’s adjusted gross income for the year, reduced by four percent of that amount for every one percentage point by which such person’s adjusted gross income exceeds one hundred twenty-five percent of the federal poverty guideline applicable to such person as provided in this section.

(b) For the purposes of this article, the term “adjusted gross income” shall have the meaning of that term used in the Internal Revenue Code.

(c) For the purposes of this article, the term "low income" means adjusted gross income for the tax year that is one hundred fifty percent or less of the federal poverty guideline, based upon the number of individuals in the family unit of which the low income senior citizen is a member, all as determined annually by the United States Secretary of Health and Human Services.

(d) For the purposes of this article, the term "low income senior citizen" means a resident of this state whose federal adjusted gross income for the tax year meets the definition of "low income" as defined in this section, and who has attained the age of sixty-five years: Provided, That for all purposes of this article, the term “low income senior citizen” shall also mean and include, as one person, those individuals who file joint federal income tax returns with their spouses, whether one or both such spouses is a low income senior citizen, and whether either or both spouses have attained the age of sixty-five years.

§11-13DD-4. Effective date.

Not over $20,000 1.85% of the taxable income

Over $20,000 but not over $35,000 $370.00 plus 3.65% of excess

Over $35,000 $917.50 plus 5.45% of excess.

(b) Rate of tax on married individuals filing separate returns. -- In the case of husband and wife filing separate returns under this article for the taxable year, the tax imposed by section three of this article on the West Virginia taxable income of each spouse shall be determined in accordance with the following table:

If the West Virginia taxable income is: The tax is:

Not over $10,000 1.85% of the taxable income

Over $10,000 but not over $17,500 $185.00 plus 3.65% of excess

Over $17,500 $ 458,75 plus 5.45% of excess.

(c) For the tax years beginning on and after January 1, 2019, the rates of tax imposed by this article, in each of the income brackets shown in subsections (a) and (b) of this section, shall be reduced by one-tenth of one percentage point for each $50 million by which the actual combined collections of the consumers sales and service tax imposed under article fifteen of this chapter and of the use tax, imposed under article fifteen-a of this chapter, exceed $1.8 billion for the fiscal year ending six months prior to January 1 of each tax year, until the rates of the tax imposed by this article are each zero percent: Provided, That once the rate of the tax imposed by this article has been reduced pursuant to this subsection, that rate shall not again be raised: Provided, further, That each and every provision of this article is repealed for all tax periods beginning on and after January 1 of the first year in which the rate of the tax in each of the income brackets shown in subsections (a) and (b) of this section is zero percent: Provided, however, That tax liabilities, if any, arising for taxable periods prior to the date the tax is thus repealed, shall be determined, administered, assessed and collected as if the tax imposed by this article had not been repealed, and the rights and duties of taxpayers and the state shall be fully and completely preserved.;

And,

By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:

That the Code of West Virginia, 1931, as amended, be amended: that §11-8-6e be repealed; that §11-8-6f be amended and reenacted; that §11-8-6g be repealed; that a new section be added thereto designated §11-13A-26; that new sections be added thereto designated §11-13DD-1, §11-13DD-2, §11-13DD-3 and §11-13DD-4; that said code be amended by amending and reenacting §11-15-3, §11-15-3a, §11-15-8, §11-15-9 and §11-15A-2, that said code be amended by adding thereto a new section, designated §11-21-4g, all to read as follows:.

Adopted

Rejected