TAX REFORM
The 2023 legislative session saw the state ’ s first significant tax reform in decades with the passage of SB 2526 . The bill will have a direct impact on all working West Virginians , with a 21.25 % reduction on their personal income taxes . The Legislature also passed SB 151 , which allows owners of pass-through entities to be taxed at the entity level instead of at the individual level . By paying state and local taxes ( SALT ) at the entity level , the amount of federal income tax owed can be reduced to significant levels .
Photo by WV Legislative Photography / Will Price .
HB 2526 By Brian Dayton
SENATE : 33-0 � HOUSE : 93-0
Photo by WV Legislative Photography / Perry Bennett .
SB 151
By Brian Dayton
SENATE : 32-1 � HOUSE : 91-1
When the Tax Cuts and Jobs Act passed Congress and was signed by President Donald Trump in 2017 , SALT deductions were capped at $ 10,000 . SALT deductions allowed individuals to deduct their state and local taxes from their income , thereby reducing the amount of federal income tax that was owed .
West Virginia joined many other states in identifying a workaround when it passed SB 151 this year . SB 151 allows the owner of a pass-through entity , such as an S-Corp or LLC , to be taxed at the entity level rather than at the individual level . By paying state and local taxes at the entity level , the amount of federal income tax owed can be reduced to levels allowed prior to 2017 . The IRS has blessed these types of bills as being valid and with no fiscal impact to the state . If you ’ re an owner of a pass-through entity , make sure you talk to your accountant now . This bill is retroactive to the 2022 tax year .
West Virginia finally achieved significant tax reform this year with the passage of HB 2526 . West Virginia ended Fiscal Year 2022 with a budget surplus of $ 1.3 billion and is on track to end Fiscal Year 2023 with a budget surplus of $ 1.7 billion . While undoubtedly some of that surplus was due to federal money coming into the state during the COVID-19 pandemic , the Legislature and governor managed to build a solid portion of this surplus by holding spending flat for several years . It was this portion of the surplus that allowed the first significant tax reform to be passed in decades .
Under HB 2526 , all West Virginians will see a 21.25 % reduction on their personal income taxes . This tax cut will move West Virginia to the middle of the pack of states that levy a personal income tax , which is a significant improvement from previously having the 15th highest in the country .
The bill also rewards all citizens and businesses who own vehicles . Under this bill , vehicle property taxes will be rebated at 100 % as long as the tax is paid on time . This provides a method for eliminating vehicle taxes that are enshrined in the state ’ s constitution . The bill also provides a 100 % real property tax credit for service-disabled veterans and a 50 % rebate on business machinery , equipment and inventory for our smallest businesses with an assessed value under $ 1 million .
The total tax cut represents approximately $ 750 million that is going back into the pockets of state citizens .
Photo by WV Legislative Photography / Will Price .
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WEST VIRGINIA EXECUTIVE