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Home » US Law » 2022 West Virginia Code » Chapter 11. Taxation » Article 21. Personal Income Tax

§11-21-1. Legislative Findings

The Legislature hereby finds and declares that the adoption by this state for its personal income tax purposes of the provisions of the laws of the United States relating to the determination of income for federal income tax purposes will (1) simplify preparation of state income tax returns by taxpayers, (2) improve enforcement of the […]

§11-21-10. Low Income Exclusion

(a) Earned income exclusion. — In the case of an eligible taxpayer, there shall be allowed as a deduction from federal adjusted gross income the amount of his or her earned income included therein, not to exceed $10,000, except that when a husband and wife file separate returns under this article this exclusion shall not […]

§11-21-10a. Credit for Nonfamily Adoption

A one time credit against the tax imposed by the provisions of this article shall be allowed as follows: Nonfamily adoptions. — For nonfamily adoptions, the credit is equal to $4,000 which may be taken in the year of the adoption of each nonfamily child, whose age at adoption is under eighteen years. This credit […]

§11-21-11. West Virginia Taxable Income of Resident Individual

(a) General. — The West Virginia taxable income of a resident individual shall be his West Virginia adjusted gross income less his West Virginia personal exemptions, as determined under this part. (b) Husband and wife. — (l) If the federal taxable income of husband and wife is determined on a separate federal return, their West […]

§11-21-12. West Virginia Adjusted Gross Income of Resident Individual

(a) General. — The West Virginia adjusted gross income of a resident individual means his or her federal adjusted gross income as defined in the laws of the United States for the taxable year with the modifications specified in this section. (b) Modifications increasing federal adjusted gross income. — There shall be added to federal […]

§11-21-12a. Additional Modification Reducing Federal Adjusted Gross Income

In addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any payment made under a prepaid tuition contract or other college savings plan administered by the board, pursuant to article thirty, chapter eighteen of this code, is also an authorized modification reducing federal […]

§11-21-12b. Combat Pay Exempt

Combat pay received for Desert Shield service, as defined in section sixty-one of this article, which is exempt from federal income tax, under Section 112 of the Internal Revenue code, shall be exempt from the tax imposed by this article.

§11-21-12c. Deduction for Long-Term Care Insurance

For taxable years beginning on and after January 1, 2000, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any payment during the taxable year for premiums for a long-term care insurance policy as defined in section four, article fifteen-a, chapter thirty-three […]

§11-21-12d. Additional Modification Reducing Federal Adjusted Gross Income

(a) In addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to §11-21-12(c) of this code, any person who retires under an employer-provided defined benefit pension plan that terminates prior to or after the retirement of that person and the pension plan is covered by a guarantor whose maximum benefit guarantee […]

§11-21-12e. Additional Modification Reducing Federal Adjusted Gross Income

§11-21-12e. Additional modification reducing federal adjusted gross income. (a) For taxable years beginning after December 31, 2000, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, active duty military pay received for the period of time an individual is on active duty […]

§11-21-12f. Additional Modification Increasing Federal Adjusted Gross Income

In addition to amounts added to federal adjusted gross income pursuant to subsection (b), section twelve of this article, unless already included in federal adjusted gross income for the taxable year, there shall be added to federal adjusted gross income any amount previously deducted from federal adjusted gross income under section twelve-a of this article […]

§11-21-12g. Additional Modification Increasing Federal Adjusted Gross Income; Disallowance of Deduction Taken Under Internal Revenue Code Section 199

(a) In addition to amounts added to federal taxable income pursuant to subsection (b), section twelve of this article, unless already included therein, there shall be added to federal taxable income the amount deducted under Section 199 of the Internal Revenue Code of 1986, as amended, when determining federal adjusted gross income for the taxable […]

§11-21-12i. Decreasing Modification Reducing Federal Adjusted Gross Income for Qualifying Contribution to a Qualified Trust Maintained for the Benefit of a Child With Autism; Effective Date

(a) In addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to section twelve of this article, a modification reducing federal adjusted gross income is hereby authorized in the amount of any qualifying contribution to a qualified trust maintained for the benefit of a child with autism by the parent or […]

§11-21-12j. Modifications to Federal Adjusted Income

(a) In addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to §11-21-12(c) of this code, any contributions to an account created pursuant to the West Virginia ABLE Act in §16-48-1 et seq. of this code is also an authorized modification reducing federal adjusted gross income, but only to the extent […]

§11-21-12k. Additional Modification Reducing Federal Adjusted Gross Income for Shareholders of S Corporations and Members of Limited Liability Companies Engaged in Banking Business

(a) For taxable years beginning on and after January 1, 2018, the West Virginia adjusted gross income of a taxpayer who is a shareholder of an S corporation, or member of a limited liability company, engaged in business as a financial organization as defined in §11-24-3a(a)(14) of this code, as adjusted pursuant to §11-21-12 of […]

§11-21-12l. Decreasing Modification Reducing Federal Adjusted Gross Income for the Net Income of Qualified Opportunity Zone Businesses; Effective Date

(a) General. — In addition to the amounts authorized to be subtracted from federal adjusted gross income pursuant to §11-21-12(c) of this code, a modification reducing federal adjusted gross income is hereby authorized for taxable years beginning on and after January 1, 2019: (1) For individuals: in an amount equal to and limited to that […]

§11-21-12m. Additional Modifications Related to a Jumpstart Savings Account

(a) Modification for contributions. (1) For taxable years beginning on or after January 1, 2022, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to 11-21-12 of this code, a modification reducing federal adjusted gross income is hereby authorized in an amount equal to a West Virginia taxpayers contribution to […]

§11-21-13. West Virginia Deduction of Resident Individual

The West Virginia deduction of a resident individual shall be his West Virginia standard deduction unless he elects to deduct his West Virginia itemized deduction under the conditions set forth in section fifteen: Provided, That no West Virginia deduction shall be allowed for taxable years beginning after December 31, 1986.

§11-21-14. West Virginia Standard Deduction of a Resident Individual

(a) General. — The West Virginia standard deduction of a resident individual, or of husband and wife whose West Virginia taxable income is determined jointly, shall be ten per centum of West Virginia adjusted gross income or $1,000, whichever is less. (b) Husband and wife determining income separately. — The West Virginia standard deductions of […]