West Virginia Code of State Rules
Agency 110 - Tax
Title 110 - LEGISLATIVE RULE STATE TAX DEPARTMENT
Series 110-21A - Personal Income Tax Low Income Exclusion
Section 110-21A-2 - Definitions
Universal Citation: 110 WV Code of State Rules 110-21A-2
Current through Register Vol. XLI, No. 38, September 20, 2024
As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this rule.
2.1. The term "eligible taxpayer" means:
2.1.1. An unmarried
individual with a federal adjusted gross income of $10,000.00 or
less;
2.1.2. A husband and wife who
file a joint return with a total federal adjusted gross income of $10,000.00 or
less; or
2.1.3. A husband or wife
who files a separate return and who has a federal adjusted gross income of
$5,000.00 or less.
2.2. For the purposes of this deduction, the term "earned income" includes:
2.2.1. Wages, salaries, tips and other
employee compensation as set forth on the eligible taxpayer's W-2 form;
and
2.2.2. Net earnings from
self-employment activity as defined in Section 1402(a) of the Internal Revenue
Code minus any deduction available to the taxpayer pursuant to Section 164 of
the Internal Revenue Code.
2.3. For the purposes of this deduction, the term "earned income" excludes:
2.3.1. Income
attributable to a taxpayer on the basis of a divorce decree or separation
agreement to distribute community property;
2.3.2. Income received from a pension, IRA
distributions, 401(k) distributions, payments or distributions from a deferred
compensation plan, retirement annuity, or any other retirement plan;
2.3.3. Any annuity; and
2.3.4. Income received by a taxpayer while
that taxpayer was an inmate at a penal institution.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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