CHAPTER 11. TAXATION.

§11-21-5. Optional tax for certain resident individuals.

(a) General. -- The Tax Commissioner may promulgate tables enabling resident individuals who meet the conditions of this section to compute their taxes under section three of this article on the basis of their federal adjusted gross incomes.

(b) Tables. -- The tables promulgated under this section shall show the amounts of tax due under section three of this article to the nearest $2 (or such smaller amount as the Tax Commissioner may establish).

(c) Conditions for optional computation. -- The optional tax computation under this section may be elected only if all the following conditions are satisfied by the taxpayer, or by both husband and wife whose federal income tax is determined on a joint return:

(1) The taxpayer has elected to take the standard deduction for federal income tax purposes or to pay the federal optional tax.

(2) The taxpayer has no items of income or deduction described in section twelve (b) or (d) as an individual, as a partner, or as a beneficiary of an estate or trust.

(3) The taxpayer's federal income tax is not reduced by operation of:

(a) The federal alternative tax on long term capital gains, or

(b) A federal provision which has the effect of taxing income of the taxable year as if it were partly or wholly income of a prior taxable year.

(4) The taxpayer satisfies such other conditions, not inconsistent with the purposes of this section, as may be specified by the Tax Commissioner.

(d) Manner of election. -- The election by a taxpayer to compute his tax under this section shall be made under regulations of the Tax Commissioner.

(e) Husband and wife computing West Virginia taxes separately. -- (1) A husband or wife who files a separate federal return may elect the optional tax computation under this section only if the other spouse's tax under this article, if any, is determined under this section.

(2) A husband and wife who file a joint federal return may not elect the optional tax computation under this section if they elect to determine their West Virginia taxes separately.

Bills Affecting §11-21-5

2001 Regular Session: SB681
2004 Regular Session: SB462
2004 Regular Session: SB594
2004 Regular Session: SB594
2004 Regular Session: SB594
2004 Regular Session: SB594
2004 Regular Session: SB594
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB410
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB732
2009 Regular Session: HB2584
2010 Regular Session: HB4535
2010 Regular Session: SB602
2013 Regular Session: SB520
2013 Regular Session: SB520
2014 Regular Session: HB4192
2014 Regular Session: HB4343
2014 Regular Session: HB4343
2014 Regular Session: SB312
2014 Regular Session: SB312
2015 Regular Session: HB2647
2015 Regular Session: HB2950
2016 Regular Session: HB2647
2016 Regular Session: HB4242
2016 Regular Session: HB4357
2016 Regular Session: HB4585
2016 Regular Session: SB292
2017 Regular Session: HB2094
2017 Regular Session: HB2389
2017 Regular Session: HB2862
2017 Regular Session: HB3068
2017 Regular Session: SB24
2017 Regular Session: SB273
2018 Regular Session: HB2094
2018 Regular Session: HB2862
2018 Regular Session: HB4322
2018 Regular Session: SB89
2018 Regular Session: SB105
2018 Regular Session: SB128
2018 Regular Session: SB489
2019 1X: HB167
2019 1X: HB201
2019 1X: SB1039
2019 Regular Session: HB2098
2019 Regular Session: HB2339
2019 Regular Session: HB2548
2019 Regular Session: HB2798
2019 Regular Session: HB2845
2019 Regular Session: HB3063
2019 Regular Session: SB6
2019 Regular Session: SB84
2019 Regular Session: SB451
2019 Regular Session: SB499
2020 Regular Session: HB2098
2020 Regular Session: HB2339
2020 Regular Session: HB2548
2020 Regular Session: HB3063
2020 Regular Session: HB4033
2020 Regular Session: SB86
2020 Regular Session: SB264
2021 Regular Session: HB2001
2021 Regular Session: HB2046
2021 Regular Session: HB2214
2021 Regular Session: HB2283
2021 Regular Session: HB2547
2021 Regular Session: SB117
2021 Regular Session: SB225
2021 Regular Session: SB232
2021 Regular Session: SB575
2021 Regular Session: SB600