West Virginia Governor Justice Signs Tax Package into Law

On March 7, 2023, Governor Justice signed a historic tax bill into law for West Virginia.  1987 was the last time any significant change was made to the WV personal income tax rules.  Suttle & Stalnaker recaps the changes for you below, along with the dates they become effective.

(Effective retroactively for tax years beginning on or after January 1, 2023)

  • Cut to Personal Income Tax
    • All income tax brackets are reduced by 21.25%.
    • The new top income tax rate decreases from 6.50% to 5.12%.
    • The West Virginia State Tax Division will issue revised withholding tables no later than April 1, 2023.
    • Taxpayers who pay estimated payments may reduce their payments beginning on April 15, 2023 and thereafter.
    • Possible future reductions:  Beginning in 2025, certain triggers may occur and continue each year thereafter, to further reduce the tax rate.

(Effective for tax years beginning on or after January 1, 2024)

  • Motor Vehicle Property Tax Credit
    • Businesses and Individuals are eligible for the credit.
    • Refundable tax credit is equal to the amount of motor vehicle property tax timely paid in during a personal income tax year or corporation income tax year on owned or leased vehicles.
    • No credit is allowed for any untimely property tax paid, or any payment of delinquent property tax, or payment of “back tax” property taxes.
    • The credit will be taken on annual income tax returns and will be applied against any income tax owed.
    • If the credit amount is greater than the amount of income tax due, the difference may be refunded.
  • Small Business Property Tax Credit
    • Small Business is defined as a business with personal property located in this state with an aggregate appraised value of $1 million or less.
    • Working interests in any oil, natural gas, or natural gas liquid producing property are excluded.
    • Public service companies centrally assessed by the state for property tax purposes are excluded.
    • Refundable tax credit is equal to 50% of the amount of personal property tax timely paid in during a calendar year.
    • No credit is allowed for any untimely personal property tax paid, or any payment of delinquent personal property tax, or payment of “back tax” personal property taxes.
    • The credit will be taken on annual income tax returns and will be applied against any income tax owed.
    • If the credit amount is greater than the amount of income tax due, the difference may be refunded.
  • Disabled veteran real property tax credit
    • Honorably discharged from any branch of the armed services of the U.S. and is considered at least ninety percent totally and permanently disabled due solely to service-connected disabilities by the Department of Veterans Affairs.
    • Refundable tax credit is equal to the amount of West Virginia real property tax timely paid on his or her homestead during the personal income taxable year.
    • No credit is allowed for any untimely real property tax paid, or any payment of delinquent real property tax, or payment of “back tax” real property taxes.
    • The credit will be taken on annual income tax returns and will be applied against any income tax owed.
    • If the credit amount is greater than the amount of income tax due, the difference may be refunded.

Contact your Suttle & Stalnaker representative or one of our offices with questions.