HB301 HFA Skaff et al. 7-25

               Delegates Skaff, Barach, Boggs, Diserio, Doyle, Evans, Fleischauer, Fluharty, Garcia, Griffith, Hansen, Hornbuckle, Pethtel, Pushkin, Rowe, Thompson, Walker, Williams, Young and Zukoff move to amend the bill on page 1, section 4g, following the enacting section by striking out the remainder of the bill and inserting in lieu thereof, the following:

Ҥ11-21-4e. Rate of tax -- Taxable years beginning on or after January 1, 1987.

(a) Rate of tax on individuals (except married individuals filing separate returns), individuals filing joint returns, heads of households, estates and trusts. -- The tax imposed by section three of this article on the West Virginia taxable income of every individual (except married individuals filing separate returns); every individual who is a head of a household in the determination of his or her federal income tax for the taxable year; every husband and wife who file a joint return under this article; every individual who is entitled to file his or her federal income tax return for the taxable year as a surviving spouse; and every estate and trust shall be determined in accordance with the following table:

If the West Virginia

taxable income is:                                                                The tax is:

Not over $10,000                                                                 3% of the taxable income

Over $l0,000 but not                                                            $300.00 plus 4% of excess

      over $25,000                                                                              over $10,000

Over $25,000 but not                                                           $900.00 plus 4.5% of excess

      over $40,000                                                                              over $25,000

Over $40,000 but not                                                           $1,575.00 plus 6% of excess

      over $60,000                                                                              over $40,000

Over $60,000                                                                       $2,775.00 plus 6.5% of excess

                                                                                                         over $60,000

(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 $5,000                                                                      3% of the taxable income

Over $5,000 but not                                                                $150.00 plus 4% of excess

            over $l2,500                                                                            over $5,000

Over $l2,500 but not                                                               $450.00 plus 4.5% of

            over $20,000                                                                           excess over $l2,500

Over $20,000 but not                                                              $787.50 plus 6% of excess

            over $30,000                                                                           over $20,000

Over $30,000                                                                          $1,387.50 plus 6.5% of

                                                                                                excess over $30,000

(c) Applicability of this section. -- The provisions of this section, as amended by this act, shall be applicable in determining the rate of tax imposed by this article for all taxable years beginning after December 31, 1986, and shall be in lieu of the rates of tax specified in section four-d of this article.

(f)  Each state resident who filed a state tax return or paid taxes for the 2021 tax year shall be entitled to a one-time rebate on personal income tax of $250.00.  The state Tax Commissioner shall provide a rebate by September 1, 2022.  If the amount of the rebate allowed exceeds the taxpayer’s 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.”