reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-10 - Altering, Counterfeiting Or Reusing Tax Stamps Or Tax Crowns; Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person
				who falsely or fraudulently makes, forges, alters, or counterfeits any tax
				stamp or tax crown prescribed by the Commissioner under the provisions of W.
				Va. Code '11-19-1 et seq. and
				this regulation, or who knowingly or willfully utters, passes or tenders as
				true any such false, altered, forged or counterfeited stamp or crown, or who
				uses more than once any stamp or crown for the purpose of evading such tax
				shall be guilty of a felony and, upon conviction thereof, shall be punished by
				imprisonment in the penitentiary for not less than one (1) year nor more than
				five (5) years.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-11 - Penalties; Crimes; Tax Crimes and Penalties Act Applicable

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1 Any person who
				violates any of the provisions of W. Va. Code '11-19-1 et seq. and
				this regulation under the authority of W. Va. Code '11-10-1 et
				seq. for the violation of which no other penalty is provided by law, shall be
				guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
				fine of not less than twenty-five dollars ($25) nor more than one hundred
				dollars ($100).
11.2. Each and
				every provision of the West Virginia Tax Crimes and Penalties Act set forth in
				W. Va. Code '11-9-1
				et seq. shall apply to the tax imposed by W. Va. Code '11-19-1 et seq. with
				like effect as if said Act were applicable only to the tax imposed by W. Va.
				Code '11-19-1 et seq. and
				were set forth in extenso in W. Va. Code '11-19-1 et seq. See
				W. Va. Code '11-9-2.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-12 - Separability

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				provisions of the several Sections of W. Va. Code '11-19-1 et seq. and
				this regulation shall be deemed to be separable insofar as they or their
				meaning is not inseparably connected, and if any provisions of W. Va. Code
				'11-19-1 et seq. or
				this regulation shall be held unconstitutional, such holding shall not affect
				any of the other provisions thereof.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-13 - General Procedure And Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Each and every provision of the "West
				Virginia Tax Procedure and Administration Act" set forth in W. Va. Code
				'11-10-1 et
				seq. shall apply to the tax imposed by W. Va. Code '11-19-1 et seq. and
				this regulation with like effect as if said act were applicable only to the tax
				imposed by W. Va. Code '11-19-1 et seq. and
				this regulation and were set forth in extenso in W. Va. Code '11-19-1 et seq. and
				this regulation.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-14 - Representative List Of Taxable Soft Drink Products

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A detailed listing of soft drink
				products, including their classification and stamp or alternate tax payment
				method, is available upon request:
State Tax Department
Accounting Division
Soft Drink Tax Unit
Revenue Center
1001 Lee Street, East
Charleston, WV 25301
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-19 - Soft Drink Tax › Section 110-19-15 - Priority of Tax in Distributions of Property and Estates

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. In the distribution, voluntary or
				compulsory, in receivership, bankruptcy or otherwise, of the property or estate
				of any person, all soft drinks taxes due and unpaid shall be paid from the
				first money available for distribution in priority to all claims and liens,
				except for any taxes and debts due the United States which under federal law
				are given priority. Any person charged with the administration or distribution
				of any such property or estate who shall violate the provisions of this section
				shall be personally liable for any taxes accrued and unpaid under this article
				which are chargeable against the person whose property or estate is in
				administration or distribution.
15.2. There is a priority for all unpaid soft
				drinks tax in distributions of the property or estate of any person, and the
				tax must be paid from the first money available for distribution in priority to
				all other claims and liens, except for any taxes and debts due the United
				States which under federal law are given priority.
15.2.1. The distribution of property subject
				to federal tax liens is subject to the priority of such liens provided in the
				Internal Revenue Code of 1986 (
				26
				U.S.C. 1 et seq.).
15.2.2. The distribution of property in
				federal bankruptcy proceedings is subject to the priorities of debts and liens
				provided in the United States Bankruptcy Code (
				11
				U.S.C. 101 et seq.).
15.2.3. This priority applies to the amount
				of tax, interest, additions to tax and penalties.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These regulations explain and clarify the West Virginia Personal Income Tax Act
				as stated in W. Va. code '11-21-1(d)
				et seq.
1.2. Authority. -- W. Va.
				code ''11-21-1 et seq. and 29A-3-15
1.3. Filing Date. -- April 2, 1990
1.4. Effective Date. -- April 2, 1990
Part I. In General.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-2 - Legislative Findings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. It
				is the intent of the Legislature that this State for purposes of its personal
				income tax adopt the provisions of the laws of the United States relating to
				the determination of income for federal income tax purposes in order to
				simplify preparation of State income tax returns by taxpayers, to improve
				enforcement of the State income tax through use of information obtained from
				federal income tax audits and to aid in the interpretation of the State tax law
				through use of federal judicial and administrative determinations and
				precedents. To facilitate this intent, the West Virginia Personal Income Tax
				Act as set forth under W. Va. Code '11-21-1 et
				seq. shall be construed to accomplish the foregoing purposes.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-3 - Imposition of Tax; Minimum Tax;Persons Subject To Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Imposition of Tax.
3.1.1. Primary Tax. The West Virginia
				Personal Income Tax Act, W. Va. Code '11-21, imposes a personal income tax on
				the West Virginia taxable income of every individual, estate, and trust in
				accordance with the rates set forth therein.
3.1.2. Minimum Tax. In addition to the
				primary tax, there is imposed, pursuant to W. Va. code '11-21-3(a)(3),
				a minimum tax. This minimum tax is the excess, if any, by which an amount equal
				to twenty-five percent (25%) of any federal minimum tax or alternative minimum
				tax for the taxable year exceeds the sum of the primary tax imposed for the
				taxable year.
3.1.2.1. In determining the
				amount of the West Virginia minimum tax, taxpayers whose federal base income,
				for puposes of computing any federal minimum tax or alternative minimum tax,
				includes items of income which the states are prohibited under federal law from
				taxing or items of income specifically exempt from personal income taxation by
				the West Virginia Code must subtract such items of income from their federal
				base income and recompute their federal minimum tax before calculating the
				amount of West Virginia minimum tax.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-4 - Rate Of Tax

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. 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 the West Virginia Personal Income Tax Act on the West
				Virginia taxable income of every individual (except married individuals filing
				separate returns), every individual who is a head of household in the
				determination of his or her federal income tax for the taxable year, every
				husband and wife who file a joint return, 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
				applicable rates set forth under W. Va. code '11-21.
4.2. Rate of Tax on Married Individuals
				Filing Separate Returns. - The tax imposed by the West Virginia Personal Income
				Tax Act on the West Virginia taxable income of a husband and wife filing
				separate returns for the taxable year shall be determined in accordance with
				the applicable rates set forth under W. Va. code '11-21.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-5 - Effect Of Rate Changes During A Taxable Year

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If the rate of personal income tax
				imposed by the West Virginia Personal Income Tax Act is changed to become
				effective after the thirty-first (31st) day of December of a calendar year, and
				if a taxpayer subject to the West Virginia Personal Income Tax Act has a
				taxable year which includes the effective date of the change (unless that date
				is the first day of the taxable year), then the following rules shall be
				observed in computing such taxpayer's rate of tax:
5.1.1. Tentative taxes shall be computed by
				applying the rate for the period before the effective date of the change, and
				the rate for the period on and after such date, to the taxable income for the
				entire taxable year; and
5.1.2. The
				tax for such taxable year shall be the sum of that proportion of each tentative
				tax which the number of months in each period bears to the number of months in
				the taxable year.
5.1.3. For
				puposes of this Section:
5.1.3.1. If the rate
				changes for taxable years beginning after or ending after a certain date, the
				following day shall be considered the effective date of the change;
				and
5.1.3.2. If a rate changes for
				taxable years beginning on or after a certain date, that date shall be
				considered the effective date of the change of rate.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-6 - Accounting Periods And Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Accounting periods. A taxpayer's taxable
				year under these regulations shall be the same as his taxable year for federal
				income tax purposes.
6.2. Change of
				Accounting Periods. If a taxpayer's taxable year is changed for federal income
				tax purposes, his taxable year for purposes of these regulations shall be
				changed so that it is identical to that used by the taxpayer for federal income
				tax purposes. If a taxable year of less than twelve (12) months results from a
				change of taxable year, the West Virginia personal exemptions, and any credits
				allowed under the West Virginia Code shall be prorated to reflect the portion
				of the year which is being covered by the return being filed due to the change
				of accounting periods.
6.3.
				Accounting Methods. A taxpayer's method of accounting for West Virginia income
				tax purposes shall be the same as that used for federal income tax purposes. In
				the absence of any method for federal tax purposes, his taxable income for West
				Virginia tax purposes shall be computed under a method which will clearly
				reflect income.
6.4. Change of
				Accounting Methods.
6.4.1. If a taxpayer's
				method of accounting is changed for federal tax purposes, his method of
				accounting shall be changed for West Virginia tax purposes so that the
				accounting method is identical to that used by the taxpayer for federal income
				tax purposes.
6.4.2. If a
				taxpayer's method of accounting is changed, other than from an accrual to an
				installment method, any additional tax which results from adjustments
				determined to be necessary solely by reason of the change shall not be greater
				than if such adjustments were ratably allocated and included for the taxable
				year of the change and the preceding taxable years, not in excess of two(2),
				during which the taxpayer used the method of accounting from which the change
				is made.
6.4.3. If a taxpayer's
				method of accounting is changed from an accrual to an installment method, any
				additional tax for the year of such change of method, and for any subsequent
				year which is attributable to the receipt of installment payments properly
				accrued in a prior year shall be reduced by the portion of tax for any prior
				taxable year attributable to the accrual of such installment
				payments.
6.4.4. Example-A. A sole
				proprietor, has been engaged in a service oriented business and uses the cash
				basis method of accounting. A decides to expand his business so that in
				addition to providing services, A will also make sales from inventory. As a
				result of A's use of inventory, current federal income tax law requires A to
				adopt the accrual method of accounting. A must change to the accrual method of
				accounting for purposes of West Virginia's personal income tax as
				well.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-7 - Resident And Nonresident Defined

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Resident individual. An individual may
				be a resident of West Virginia for income tax purposes, and be taxable as a
				resident, even though such individual would not be deemed a resident for other
				purposes.
7.1.1. As used in these
				regulations, the term "resident individual" means and includes;
7.1.1.1. All persons domiciled in West
				Virginia, with the exception of those domiciliary residents who maintain no
				permanent place of abode in this State, maintain a permanent place of abode
				elsewhere and spend in the aggregate not more than thirty (30) days of the
				taxable year in this State; or.
7.1.1.2. Any person, other than a member of
				the Armed Forces of the United States, who is not domiciled in West Virginia
				but who maintains a permanent place of abode in this state and spends in the
				aggregate more than 183 days of the taxable year in this state.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-9 - Meaning Of Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any term
				used in the West Virginia Personal Income Tax Act and these regulations shall
				have the same meaning as when used in a comparable context in the laws of the
				United States relating to personal income taxes, unless a different meaning is
				clearly required.
9.2. Any
				reference in the West Virginia Personal Income Tax Act and these regulations to
				the laws of the United States shall mean the provisions of the Internal Revenue
				Code of 1986, as amended, and such other provisions of the laws of the United
				States which relate to the determination of income for federal income tax
				purposes. See W. Va. Code '11-21-9 for the
				most recent updating of terms used in Article 21 to those used in the Internal
				Revenue Code.
9.3. Only to the
				extent provided under Article 21 shall amendments made to the laws of the
				United States be given effect in determining the taxes imposed under the West
				Virginia Personal Income Tax Act. No amendment made to the laws of the United
				States relating to personal income taxes on or after January 1, 1988, shall be
				given effect, until such time as the provisions of Article 21 are amended
				accordingly.
9.3.1. Example. - If on February
				6, 1988, Congress passed a law making life insurance proceeds payable to a
				named beneficiary subject to federal income tax, the law will have no effect on
				the West Virginia Personal Income Tax Act for tax year 1988 and subsequent tax
				years until such time as Article 21 has been amended accordingly.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-9a - Pledge Of Credit Or Collateral By Endorser, Guarantor Or Accommodator Not To Constitute Investment In Borrower

Current through Register Vol. XLI, No. 28, July 12, 2024
9a.1. Any person pledging his credit or
				collateral as an endorser, guarantor, or accommodator to another person or
				corporation for the purpose of assisting another in obtaining credit shall not
				be, or construed to be, an investor in said borrower as to the amount so
				borrowed, nor shall any payments by said borrower on the indebtedness be, or
				construed to be, dividend to the endorser, guarantor or accommodator.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-11 - West Virginia Taxable Income Of Resident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. General. - The tax rates referred to in
				Section 4 of these regulations are applied against the taxpayer's West Virginia
				taxable income. The taxpayer's federal adjusted gross income is the actual
				starting point each year for computing the West Virginia taxable income on
				which his West Virginia personal income tax liability is based. The West
				Virginia taxable income of a resident individual means his federal adjusted
				gross income with the modifications stated in Sections 12, 12a and 12b of these
				regulations, less his West Virginia personal exemptions.
11.2. West Virginia Taxable Income Of Husband
				And Wife.
11.2.1. If a husband and wife file
				separate federal income tax returns for a particular year, they must also file
				separate West Virginia income tax returns for that year.
11.2.2. If a husband and wife file a joint
				federal income tax return for a particular year, or if neither files a federal
				return:
(1) They may file a joint West
				Virginia income tax return, or
(2)
				They may file separate West Virginia income tax returns; Provided, that they
				comply with the requirements of the Tax Commissioner in setting forth
				information on a single form or on separate forms as the Tax Commissioner may
				require.
11.2.3. If both
				spouses are residents of West Virginia and elect to file separate West Virginia
				returns, each must determine his or her West Virginia income and exemptions as
				if his or her total federal income and exemptions had been determined
				separately.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-12 - West Virginia Adjusted Gross Income Of Resident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. General. -
				The West Virginia adjusted gross income of a resident individual means his
				federal adjusted gross income as defined in the laws of the United States for
				the taxable year with certain modifications. These modifications relate to
				items which are treated differently under the West Virginia Personal Income Tax
				Act than under the United States Internal Revenue Code of 1986, as amended.
				Subsection 12.2 below lists the modifications which increase West Virginia
				adjusted gross income in comparison with federal adjusted gross income, while
				Subsection 12.3 below lists the modification items which in such comparison
				reduce the West Virginia adjusted gross income. When the net amount of all
				applicable modifications, as set forth under W. Va. Code ''11-21-12 and
				11-21-12a and Section 12b of these regulations, is added to or subtracted from
				federal adjusted gross income, the result is the taxpayer's West Virginia
				adjusted gross income.
12.1.1. Depreciation.
				- West Virginia follows the federal rules of depreciation; therefore, the
				depreciation of property for federal income tax purposes by methods permitted
				under the laws of the United States relating to the determination of income
				will be reflected automatically in West Virginia adjusted gross income, without
				modification, to the extent reflected in the taxpayer's federal adjusted gross
				income.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-12a - Additional Modification Reducing Federal Adjusted Gross Income

Current through Register Vol. XLI, No. 28, July 12, 2024
12a.1. In addition
				to amounts authorized to be subtracted from federal adjusted gross income
				pursuant to W. Va. Code '11-21-12(c),
				any payment made under a tuition prepayment contract or tuition trust account,
				as provided under W. Va. Code '18-30-14, shall also be
				allowed as a modification reducing federal adjusted gross income to the extent
				that the amount of such payment is included therein.
12a.1.1. Under W. Va. Code ''11-21-12a and 18-30-14, a
				  purchaser is entitled to a modification decreasing federal adjusted gross
				  income for State personal income tax purposes for the following payments made
				  by such purchaser in the tax year:
(1)
				The amount of payment made under a tuition prepayment contract or tuition trust
				account contract, or both; and
(2)
				The amount of payment made under a contract with a private sector investment
				manager, broker-dealer or agent, approved by the Securities Division of the
				West Virginia State Auditor or the federal Securities and Exchange Commission,
				for the private placement of contracts under Article 30, Chapter 18 of the West
				Virginia Code, when such contract has been certified and approved by the West
				Virginia Education Tuition Trust Board of Directors.
12a.1.2. The West Virginia Higher Education Tuition Trust is
				  not authorized to enter into any tuition prepayment contracts or tuition trust
				  account contracts until such time as it has received a ruling or opinion from
				  the Internal Revenue Service regarding the federal tax consequences of any
				  benefits or refunds received from the Trust under the applicable contract. In
				  the event that the Internal Revenue Service determines that any benefits or
				  refunds received from the Trust arising from either type of contract must be
				  included in federal adjusted gross income and thus subject to federal taxation,
				  such benefits and refunds will likewise be subject to State personal income
				  taxation. Payments, however, made to the Trust are exempt from State personal
				  income taxation as provided under Subsection 12a.1.1 of this
				  regulation.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-12b - Modification For The Purchase Of Revenue Bonds Under An Individual Higher Education Savings Plan Program

Current through Register Vol. XLI, No. 28, July 12, 2024
12b.1. Pursuant to W. Va. Code '18-9D-5,
				the State School Building Authority is authorized to offer to the general
				public one or more individual higher education savings plan programs. The
				amount which an individual invests during his or her taxable year in the
				purchase of revenue bonds issued under W. Va. Code '18-9D-5
				shall be allowed as a modification decreasing federal adjusted gross income, to
				the extent such amount is included therein, in order to arrive at West Virginia
				taxable income, except as provided under Subsection 12b.1.2.
12b.1.1. The interest which an individual
				earns on revenue bonds issued under W. Va. Code '18-9D-5
				shall not be subject to the imposition of personal income tax under Article 21,
				Chapter 11 of the West Virginia Code, except as provided in Subsection
				12b.1.2.
12b.1.2. If the owner of a
				bond purchased under W. Va. Code '18-9D-5
				sells such bond during a taxable year and does not spend the entire amount for
				tuition and fees, books, reasonable room and board, and child care to attend an
				institution which is accredited to award higher education degrees by the West
				Virginia Board of Regents, or any successor thereto, or by its equivalent in
				another state, the proceeds of the sale not so spent shall be taxed under
				Article 21, Chapter 11 of the West Virginia Code, by application of the highest
				marginal rate applicable to the taxpayer to the amount not so spent.
12b.1.2.1. Penalty. - Where the owner of a
				bond purchased under W. Va. Code '18-9D-5
				sells such bond and does not spend the entire amount for the purposes set forth
				in Subsection 12b.1.2 of this regulation, there is imposed, in addition to any
				personal income tax otherwise due, a penalty equal to ten percent (10%) of the
				tax due.
12b.1.2.1.a. This penalty
				may be waived by the Tax Commissioner if the taxpayer shows that any failure to
				spend the sale proceeds of the bond in accordance with Subsection 12b.1.2 was
				due to reasonable cause and not due to willful neglect.
12b.1.3. The amount of tax and penalty, where
				applicable, shall be due and payable on the fifteenth (15th) day of the fourth
				(4th) month of the taxable year immediately succeeding the taxable year in
				which the bond was sold.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-13 - West Virginia Deduction Of Resident Individual Abolished

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia Personal Income Tax Act, as set forth under
				  W. Va. Code '11-21-1 et
				  seq., contains no provision for the allowance of either a standard deduction or
				  itemized deductions for a resident individual.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-16 - West Virginia Personal Exemptions Of A Resident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. In General. -
				A resident individual is allowed a West Virginia exemption of two thousand
				dollars ($2,000) for each exemption for which said individual is entitled to a
				deduction for the taxable year for federal income tax purposes. The number of
				personal exemptions to be claimed on a resident individual's State income tax
				return shall be the same as the number of personal exemptions claimed on his or
				her federal income tax return unless otherwise provided in this
				regulation.
16.2. Husband And Wife.
16.2.1. Where a husband and wife determine
				their federal income tax liability by filing a joint federal return and also
				determine their West Virginia income tax liability by filing a joint State
				return, they shall be entitled to claim the same number of personal exemptions
				on their joint State return as claimed on their joint federal return for the
				taxable year.
16.2.2. Where a
				husband and wife determine their federal income tax liability by filing
				separate federal returns and also determine their West Virginia income tax
				liability by filing separate State returns, each spouse shall be entitled to
				claim the same number of personal exemptions on his or her separate State
				return as claimed on the respective separate federal return for the taxable
				year.
16.2.3. Where a husband and
				wife determine their federal income tax liability by filing a joint federal
				return but determine their West Virginia income tax liability by filing
				separate State returns, each spouse shall be entitled to claim a West Virginia
				personal exemption for each federal exemption to which he or she would have
				been entitled to claim had their federal income taxes been determined on
				separate federal returns for the taxable year.
16.2.4. The amount of each West Virginia
				exemption allowed under Subsections 16.2.1, 16.2.2 or 16.2.3 shall be two
				thousand dollars ($2,000).
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-17a - Resident Shareholders Of S Corporations

Current through Register Vol. XLI, No. 28, July 12, 2024
17a.1. Resident Shareholder Defined. - For
				purposes of Article 21, Chapter 11 of the Code of West Virginia, 1931, as
				amended, a resident shareholder is, for any taxable year, an individual, trust
				or estate which is domiciled in the State of West Virginia, and which qualifies
				as a resident individual under W. Va. Code '11-21-7
				and who is also a shareholder in a small business corporation for which a valid
				election under Section 1362 of the Internal Revenue Code is in effect for such
				year.
17a.2. S Corporation
				Shareholder's Modifications. - in determining West Virginia adjusted gross
				income and West Virginia taxable income of a resident S corporation shareholder
				any modification described in W. Va. Code '11-21-12(b),
				(c) or (d), which relates to an item of
				income, gain, loss or deduction shall be made in accordance with the S
				corporation shareholder's pro rata share, for federal income tax purposes, of
				the items to which the modifications relate. Where a shareholder's pro rata
				share of any such item is not required to be taken into account separately for
				federal income tax purposes, the shareholder's pro rata share of such item
				shall be the pro rata share that such shareholder showed on his or her federal
				tax return for the tax year in question for S corporation taxable income or
				loss generally.
17a.2.1. Example. - Wilson is
				a shareholder in an S corporation, owning sixty percent (60%) of the
				outstanding shares. In 1989, the S corporation received one thousand dollars
				($1,000) interest income on United States obligations and five hundred dollars
				($500) interest income on West Virginia bonds. These items are subject to
				modification. The amount of Wilson's modification is computed by allowing him
				sixty percent (60%) of the fifteen hundred dollars ($1,500) of the interest
				income. Each shareholder is entitled to his or her allocable share of
				modification based upon their ownership percentage.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-18 - West Virginia Taxable Income Of Resident Estate Or Trust

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. General. -
				The income of a resident estate or trust is subject to taxation under the
				provisions of the West Virginia Personal Income Tax Act. The rates referred to
				in Subsection 4.1 of these regulations are to be applied against the taxable
				income of the estate or trust in determining the personal income tax liability
				of such estate or trust.
18.1.1. The West
				Virginia taxable income of a resident estate or trust means its federal taxable
				income as defined pursuant to the laws of the United States for the taxable
				year with certain modifications. Thus, the federal taxable income of the estate
				or trust is the starting point for computing the West Virginia taxable income.
				This method of computing the West Virginia taxable income of an estate or trust
				applies, for example, in:
(1) the computation
				of the West Virginia taxable income of an estate for the first taxable period
				thereof starting with the day following the decedent's death, and
(2) the computation of the West Virginia
				taxable income for the final taxable period of an estate or trust ending at the
				date of termination thereof.
18.1.1.1. The computation of the taxable
				income of a resident decedent on the final return ending with the date of his
				death is computed in the same manner as the taxable income of a resident
				individual.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-19 - Share Of Resident Estate, Trust, Or Beneficiary In West Virginia Fiduciary Adjustment

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				General. - Whenever a resident estate or trust realizes items of income or
				gain, or incurs items of loss or deduction, which give rise to one or more of
				the modifications described in Subsections 12.2 and 12.3 of these regulations,
				an adjustment must be made in order to determine the West Virginia taxable
				income of the resident estate or trust. An adjustment must also be made in
				order to determine the West Virginia adjusted gross income of a resident
				beneficiary of any estate or trust in the amount of the share of each in the
				West Virginia fiduciary adjustment. For example, where an estate or trust
				receives interest on obligations of the United States, such interest is
				includible in federal gross income but is not subject to West Virginia personal
				income tax by reason of the modification provided under W. Va. Code
				'11-21-12(c)(1).
				Where such modification is made, it becomes necessary to determine how much of
				the modification is to be taken into account in determining the West Virginia
				taxable income of the estate or trust taxable to the fiduciary and how much of
				the modification is to be allocated to the resident beneficiaries.
19.1.1. This regulation prescribes the
				methods to be employed in dividing among the fiduciary and the beneficiaries,
				on an equitable basis, the particular items of income, gain, loss and deduction
				which give rise to modifications for West Virginia personal income tax
				purposes.
19.1.2. These
				modifications are combined into a single net number. This number, which may be
				a negative or positive, is termed the "West Virginia Fiduciary Adjustment".
				After this number is computed, it is then divided among the fiduciary and the
				beneficiaries in the manner described in Subsection 19.3 of this
				regulation.
19.1.3. The share of a
				resident estate or trust in the West Virginia fiduciary adjustment is then
				added to or subtracted from the federal taxable income of the estate or trust
				in arriving at its West Virginia taxable income. Similarly, the share of a
				resident beneficiary in the West Virginia fiduciary adjustment is then added to
				or subtracted from his federal adjusted gross income in arriving at his West
				Virginia adjusted gross income.
19.1.4. A nonresident trust, estate or
				beneficiary must compute West Virginia taxable income in accordance with the
				provisions of W. Va. Code '11-21-39
				and Section 39 of these regulations.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-20 - Credit For Income Tax Of Another State

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. General. - A West Virginia resident may
				be allowed a credit against his West Virginia personal income tax for any
				personal income tax imposed for the taxable year by another state of the United
				States or the District of Columbia, upon income derived from sources within the
				other state or the District. Where a resident estate or trust receives income
				from another state of the United States or the District of Columbia, then the
				estate or trust is entitled to a similar credit, computed in the same manner
				and subject to the same exceptions and limitations as in the case of a resident
				individual. No credit, however, shall be allowed for personal income taxes
				imposed by a county, municipality, borough, township or any other political
				subdivision of a state or for any taxes other than personal income taxes.
20.1.1. The amount of the credit allowed
				under W. Va. Code '11-21-20(a)
				and Subsection 20.1 above shall be determined in accordance with forms and
				instructions provided by the Tax Commissioner.
20.1.1.1. The Tax Commissioner may by
				instruction or otherwise require any resident individual, estate or trust to
				provide evidence, including but not limited to, a copy of the completed and
				signed nonresident personal income tax return filed with the other taxing
				jurisdiction for the taxable year, in order to establish that the individual,
				estate or trust is entitled to claim a credit under the provisions of W. Va.
				Code '11-21-20.
20.1.1.1.a. No credit shall be allowed under
				W. Va. Code '11-21-20
				unless the taxpayer has proved to the satisfaction of the Tax Commissioner the
				amount of tax paid to the other taxing jurisdiction. A Form W-2 indicating
				personal income tax withheld for another jurisdiction shall not be sufficient
				to establish credit under this Section. The mere fact that tax was withheld
				does not establish the fact that the taxpayer has been liable for the payment
				of tax to another jurisdiction. Therefore, when claiming a credit for taxes
				paid to another jurisdiction, the taxpayer must file with his West Virginia
				Personal Income Tax Return a signed copy of the personal income tax return
				filed with the other jurisdiction. Such return shall be considered as prima
				facie evidence of the amount of personal income tax, if any, paid to the
				jurisdiction.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-31 - West Virginia Taxable Income Of Nonresident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
31.1. General. -
				The West Virginia taxable income of a nonresident individual shall be his West
				Virginia adjusted gross income less his personal exemptions, said exemptions to
				be computed in accordance with W. Va. Code '11-21-36 and Section 36
				of these regulations.
31.1.1. The West
				Virginia taxable income of a nonresident individual includes those items of
				income, gain, loss and deduction included in his federal adjusted gross income
				which are derived from or connected with West Virginia sources.
31.1.2. The same tax rates which are
				applicable to a resident individual's taxable income are likewise applicable to
				a nonresident individual's taxable income.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-32 - West Virginia Adjusted Gross Income Of A Nonresident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
32.1. General. -
				The computation of the West Virginia adjusted gross income of a nonresident
				requires a separate determination of those items of income, gain, loss and
				deduction entering into said individual's federal adjusted gross income which
				are derived from or connected with West Virginia sources. The items thus
				determined are subject to the same modifications as are applicable for a
				resident individual under Subsection 12.2 and 12.3 and Sections 12a and 12b of
				these regulations.
32.1.1. Items Included In
				West Virginia Adjusted Gross Income. - The West Virginia adjusted gross income
				of a nonresident individual includes the net amount of income, gain, loss and
				deduction which enter into said individual's federal adjusted gross income, but
				limited to the portions of such items derived from or connected with West
				Virginia sources as determined under Subsection 32.2 of this regulation.
32.1.1.1. In addition to items received or
				accrued directly by the taxpayer, a nonresident individual's West Virginia
				adjusted gross income includes:
(1) his or
				her distributive share of partnership income, gain, loss and deduction
				described under Section 37 of these regulations,
(2) his or her distributive share of S
				corporation income, gain, loss and deduction described under Section 37a of
				these regulations, and
(3) his or
				her share of estate or trust income, gain, loss and deduction described under
				Section 39 of these regulations.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-33 - West Virginia Deduction Of A Nonresident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia Personal Income Tax Act contains no
				  provision for the allowance of either a standard deduction or for itemized
				  deductions for a nonresident individual.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-36 - West Virginia Personal Exemptions Of A Nonresident Individual

Current through Register Vol. XLI, No. 28, July 12, 2024
36.1. A nonresident
				individual is allowed the same number of personal exemptions for State income
				tax purposes as for federal income tax purposes. A nonresident individual shall
				be permitted the same West Virginia exemptions as are permitted under W. Va.
				Code '11-21-16
				and Section 16 of these regulations provided that such exemptions shall be the
				product of the amount allowed as a personal exemption for a West Virginia
				resident multiplied by the ratio which the nonresident's West Virginia source
				income bears to that nonresident individual's federal adjusted gross income for
				the taxable year.
36.1.1. Example. - X, a
				taxpayer entitled to claim one (1) federal exemption, has West Virginia source
				income of ten thousand dollars ($10,000) and federal adjusted gross income of
				fifty thousand dollars ($50,000). Pursuant to W. Va. Code '11-21-16(a)
				and Subsection 16.1 of this regulation the amount of the personal exemption to
				be multiplied by the ratio of the nonresident's West Virginia source income is
				two thousand dollars ($2,000). Thus, the amount of personal exemption to be
				claimed on the nonresident return equals four hundred dollars ($400) ($2000 X
				$10,000/$50,000 = $400).
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-37a - Nonresident S Corporation Shareholders

Current through Register Vol. XLI, No. 28, July 12, 2024
37a.1. Definition. - A nonresident S
				corporation shareholder is a nonresident individual who holds stock in a
				corporation that was formed in West Virginia, or that transacts business in
				West Virginia, and has in effect a valid election under Section 1362 of the
				Internal Revenue Code,
				26 U.S.C.
				1362.
37a.2. Definition - An S Corporation Doing
				Business In West Virginia. - An S corporation is doing business in West
				Virginia if it has any revenue from West Virginia sources, or if it engages in
				any purposeful revenue generating activity with the object of direct or
				indirect gain or economic benefit.
37a.3. In determining West Virginia adjusted
				gross income of a nonresident shareholder of any S corporation, such
				shareholder may only include in his or her West Virginia adjusted gross income
				such shareholder's pro rata share of the portion of the S corporation's income
				that was derived from or connected with West Virginia sources, that entered
				into such shareholder's federal adjusted gross income as filed by that
				shareholder on his or her federal income tax return for the taxable
				year.
West Virginia Code of State Rules › Agency 110 - Tax › Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT › Series 110-21 - Personal Income Tax › Section 110-21-40 - Credit For Income Tax Of State Of Residence

Current through Register Vol. XLI, No. 28, July 12, 2024
40.1. General. - A nonresident individual,
				who has income derived from West Virginia sources, shall be allowed a credit
				against his West Virginia personal income tax imposed on his West Virginia
				income for any income tax imposed by another state of the United States or by
				the District of Columbia of which the taxpayer is a resident where there exists
				between West Virginia and the nonresident's state of residence a written
				reciprocal credit agreement authorized under W. Va. Code '11-21-40(c).
40.1.1. If a nonresident estate or trust is
				in receipt of income derived from West Virginia sources, then the estate or
				trust is entitled to a similar credit computed in the same manner and subject
				to the same limitations and exceptions as in the case of a nonresident
				individual.
40.1.2. No credit shall
				be allowed for personal income taxes imposed by a county, borough, township, or
				any other political subdivision of a state.
40.1.3. The amount of the credit allowed
				under W. Va. Code '11-21-40
				and this regulation shall be determined in accordance with forms and
				instructions provided by the Tax Commissioner.
40.1.3.1. The Tax Commissioner may by
				instruction or otherwise require any nonresident individual, estate or trust to
				provide evidence, including but not limited to, a copy of the completed and
				signed resident income tax return filed with the other taxing jurisdiction for
				the taxable year, in order to establish that the individual, estate or trust is
				entitled to claim a credit under the provisions of W. Va. Code '11-21-40.
40.1.4. Where the provisions of W. Va. Code
				'11-21-41
				and Section 41 of these regulations are applicable a nonresident will not be
				required to file an income tax return with West Virginia for the taxable
				year.