West Virginia Code § 11-21-15

West Virginia itemized deduction of a resident individual
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(a) General. -- If federal taxable income of a resident individual is determined by itemizing
deductions from his federal adjusted gross income, he may elect to deduct his West Virginia
itemized deduction in lieu of his West Virginia standard deduction. The West Virginia
itemized deduction of a resident individual means the total amount of his deductions from
federal adjusted gross income, other than federal deductions for personal exeemptions, as
provided in the laws of the United States for the taxable year with the modifications
specified in this section. r
(b) Husband and wife. -- (1) A husband and wife, both of whom aure required to file returns
under this article, shall be allowed West Virginia itemized deductions only if both elect to
take West Virginia itemized deductions. t
(2) The total of the West Virginia itemized deductions of a husband and wife whose federal
taxable income is determined on a joint return, but whose West Virginia taxable incomes are
determined separately, may be taken by either or dlivided between them in such proportions
as they may elect. s
(c) Modifications reducing federal itemizedi deductions. -- The total amount of deductions
from federal adjusted gross income gshall be reduced by the amount of such federal
deductions for:
(1) Income taxes imposed by this state or any other taxing jurisdiction; and
(2) Interest on indebtedness incurred or continued to purchase or carry obligations or
securities the income from which is exempt from tax under this article.
(d) Partners. -V- The amounts of modifications under subsection (c) required to be made by a
partner with respect to items of deduction of a partnership shall be determined under
section seventeen.
(e) Expiration. -- The West Virginia itemized deduction provided in this section shall not
apply to taxable years beginning after December 31, 1986.

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