West Virginia Code § 11-21-22b

Amount of credit
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(a) For each taxable year beginning on or after January 1, 2007, the tax credit authorized by
section twenty-two of this article may be used by every qualified taxpayer and shall be
calculated in accordance with subsections (b) and (c) of this section: Provided, That for the
taxable year beginning on January 1, 2007, the qualified taxpayer shall be allowed to claim
only fifty percent of the amount of the tax credit. e
(b) Qualified taxpayers who file as an individual, as a head of household, as a husband and
wife who file a joint return, or as an individual entitled to file as a surviving spouse shall be
entitled to a tax credit based on the following: u
(1) If modified federal adjusted gross income is at or below the federal poverty guidelines
based on family size, the credit shall be an amount equal to the amount of tax owed under
this article by the qualified taxpayer;
(2) If modified federal adjusted gross income is grelater than the federal poverty guidelines
but does not exceed $300 above the federal posverty guidelines based on family size, the
amount of credit allowable shall be ninety percent of the amount of tax owed under this
article by the qualified taxpayer; i
(3) If modified federal adjusted gross income is greater than $300 above the federal poverty
guidelines but does not exceed $600 above the federal poverty guidelines based on family
size, the amount of credit allowable shall be eighty percent of the amount of tax owed under
this article by the qualified taxpayer;
(4) If modified federal adjusted gross income is greater than $600 above the federal poverty
guidelines but does n ot exceed $900 above the federal poverty guidelines based on family
size, the amouVnt of credit allowable shall be seventy percent of the amount of tax owed
under this article by the qualified taxpayer;
(5) If modified federal adjusted gross income is greater than $900 above the federal poverty
guidelines but does not exceed $1,200 above the federal poverty guidelines based on family
size, the amount of credit allowable shall be sixty percent of the amount of tax owed under
this article by the qualified taxpayer;
(6) If modified federal adjusted gross income is greater than $1,200 above the federal
poverty guidelines but does not exceed $1,500 above the federal poverty guidelines based on
family size, the amount of credit allowable shall be fifty percent of the amount of tax owed
under this article by the qualified taxpayer;
(7) If modified federal adjusted gross income is greater than $1,500 above the federal
poverty guidelines but does not exceed $1,800 above the federal poverty guidelines based on
family size, the amount of credit allowable shall be forty percent of the amount of tax owed
under this article by the qualified taxpayer;
(8) If modified federal adjusted gross income is greater than $1,800 above the federal
poverty guidelines but does not exceed $2,100 above the federal poverty guidelines based on
family size, the amount of credit allowable shall be thirty percent of the amount of tax owed
under this article by the qualified taxpayer;
(9) If modified federal adjusted gross income is greater than $2,100 above the federal
poverty guidelines but does not exceed $2,400 above the federal poverty gueidelines based on
family size, the amount of credit allowable shall be twenty percent of the amount of tax owed
under this article by the qualified taxpayer; or r
(10) If modified federal adjusted gross income is greater than $2u,400 above the federal
poverty guidelines but does not exceed $2,700 above the federal poverty guidelines based on
family size, the amount of credit allowable shall be ten percetnt of the amount of tax owed
under this article by the qualified taxpayer.
(c) Qualified taxpayers who are husband and wife and who file separate returns shall be
entitled to a tax credit based on the following: l
(1) If modified federal adjusted gross income is at or below fifty percent of the federal
poverty guidelines based on family size, thie credit shall be an amount equal to the amount of
tax owed under this article by the qugalified taxpayer;
(2) If modified federal adjusted gross income is greater than fifty percent of the federal
poverty guidelines but does not exceed $150 above fifty percent of the federal poverty
guidelines based on family size, the amount of credit allowable shall be ninety percent of the
amount of tax owed under this article by the qualified taxpayer;
(3) If modified federa l adjusted gross income is greater than $150 above fifty percent of the
federal povertVy guidelines but does not exceed $300 above fifty percent of the federal
poverty guidelines based on family size, the amount of credit allowable shall be eighty
percent of the amount of tax owed under this article by the qualified taxpayer; (4) If modified
federal adjusted gross income is greater than $300 above fifty percent of the federal poverty
guidelines but does not exceed $450 above fifty percent of the federal poverty guidelines
based on family size, the amount of credit allowable shall be seventy percent of the amount
of tax owed under this article by the qualified taxpayer;
(5) If modified federal adjusted gross income is greater than $450 above fifty percent of the
federal poverty guidelines but does not exceed $600 above fifty percent of the federal
poverty guidelines based on family size, the amount of credit allowable shall be sixty percent
of the amount of tax owed under this article by the qualified taxpayer;
(6) If modified federal adjusted gross income is greater than $600 above fifty percent of the
federal poverty guidelines but does not exceed $750 above fifty percent of the federal
poverty guidelines based on family size, the amount of credit allowable shall be fifty percent
of the amount of tax owed under this article by the qualified taxpayer;
(7) If modified federal adjusted gross income is greater than $750 above fifty percent of the
federal poverty guidelines but does not exceed $900 above fifty percent of the federal
poverty guidelines based on family size, the amount of credit allowable shall be forty percent
of the amount of tax owed under this article by the qualified taxpayer;
(8) If modified federal adjusted gross income is greater than $900 above fifty percent of the
federal poverty guidelines but does not exceed $1,050 above fifty percent ofe the federal
poverty guidelines based on family size, the amount of credit allowable shall be thirty
percent of the amount of tax owed under this article by the qualified tarxpayer;
(9) If modified federal adjusted gross income is greater than $1,0u50 above fifty percent of
the federal poverty guidelines but does not exceed $1,200 above fifty percent of the federal
poverty guidelines based on family size, the amount of creditt allowable shall be twenty
percent of the amount of tax owed under this article by the qualified taxpayer; or
(10) If modified federal adjusted gross income is greater than $1,200 above fifty percent of
the federal poverty guidelines but does not exceed l$1,350 above fifty percent of the federal
poverty guidelines based on family size, the amsount of credit shall be ten percent of the
amount of tax owed under this article by the qualified taxpayer.
(d) The Tax Commissioner shall deveglop and publish on an annual basis two indexed tax
credit tables. One tax table shall be for qualified taxpayers who file as an individual, as a
head of household, as a husband and wife who file a joint return, or as an individual entitled
to file as a surviving spouse and one tax table shall be for qualified taxpayers who are
husband and wife and who file separate returns. The indexed tax credit tables shall be based
on subsections (b) and (c) of this section.

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