West Virginia

WV estate tax is a pickup equal to the federal state-death-tax credit, dormant since that credit ended

“Whenever a federal estate tax is payable to the United States, there is hereby imposed a West Virginia estate tax equal to the portion, if any, of the maximum allowable amount of federal credit for state death taxes which is attributable to property located in this state”

Note: Statute quote proves pickup structure only; currently-zero follows from the federal credit being zero since 2005 (EGTRRA). No confirming tax.wv.gov guidance page found.

West Virginia top income tax rate is 4.58% on income above $60,000 for TY2026

“Over $60,000 | $1,950.50 plus 4.58% of excess over $60,000”

Note: SB 392 (signed March 31, 2026) codifies W. Va. Code §11-21-4j: a 5% across-the-board cut effective June 12, 2026, retroactive to January 1, 2026. Full TY2026 schedule per the WV State Tax Division: 2.11% / 2.81% / 3.16% / 4.22% / 4.58% (top bracket above $60,000). Confidence medium: rate schedule published on the agency page, raw §11-21-4j statutory text not yet extracted.

West Virginia top income tax rate is 4.82% on income above $60,000 (TY2025; 4.58% TY2026)

“§11-21-4i. Rate of tax ; Taxable years beginning on and after January 1, 2025. (a) ... The tax imposed by §11-21-3 of this code on the West Virginia taxable income of every individual... shall be determined in accordance with the following table: ... Over $60,000 $2,053.50 plus 4.82% of excess over $60,000”

Note: W. Va. Code §11-21-4i carries the TY2025 rate schedule, graduated up to 4.82% on income above $60,000. Same bracket thresholds apply for all filing statuses. TY2026 cuts (SB 392, retroactive 1/1/2026): top falls to 4.58%. No standard deduction. No capital gains preference.

West Virginia top income tax rate is 5.12% on income above $60,000 for TY2024

“Over $60,000: $2,183.50 plus 5.12% of excess over $60,000.”

Note: TY2024 rate per W. Va. Code §11-21-4(g); fell to 4.82% in TY2025 and is scheduled to fall further to 4.58% in TY2026 per SB 392. URL resolves to the full Article 21 of W. Va. Code; §11-21-4g is within this article.

IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback

“In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.”

Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.

WV taxes out-of-state muni bond interest; WV bonds exempt W. Va. Code §11-21-12(b)(1)

“Interest income on obligations of any state other than this state or of a political subdivision of any state other than this state to the extent such interest income is excludible from gross income for federal income tax purposes.”

WV taxes out-of-state muni bond interest; WV bonds exempt W. Va. Code §11-21-12(b)(1)

“Interest income on obligations of any state other than this state or of a political subdivision of any state other than this state to the extent such interest income is excludible from gross income for federal income tax purposes.”

West Virginia conforms to IRC §1400Z-2 QOZ gain deferral and exclusion

“West Virginia taxable income of individuals shall be determined in accordance with the Internal Revenue Code as amended and in effect on the last day of the taxable year.”

Note: West Virginia 2021 S.B. 693 updated IRC conformity to incorporate §1400Z-2. Quote is verbatim from §11-21-9 general conformity clause; the S.B. 693 reference belonged in this note, not in the quote field. URL resolves to article level rather than the specific section.

West Virginia conforms to IRC §1202 QSBS gain exclusion via individual income tax IRC conformity; no addback

“West Virginia taxable income of individuals shall be determined in accordance with the Internal Revenue Code as amended and in effect on the last day of the taxable year.”

Note: §11-21-9 is the individual IRC conformity section (same as QOZ). §1202 is incorporated through rolling conformity; no explicit WV addback statute found. URL resolves to article level rather than the specific section.

West Virginia subtraction for U.S. obligation interest requires exemption from state taxation under federal law; FNMA and FHLMC have no federal bondholder exemption

“There shall be subtracted from federal adjusted gross income: Interest income on obligations of the United States or obligations of agencies or instrumentalities of the United States to the extent such interest income is exempt from state income taxes under the laws of the United States.”

Note: FNMA and FHLMC are federally chartered GSEs but their enabling statutes contain no bondholder exemption from state income taxes. The §11-21-12(c)(1) subtraction requires the income be exempt 'under the laws of the United States'; a standard FNMA/FHLMC cannot meet. No WV Tax Division named-entity ruling found; confidence: medium based on structural analysis.

West Virginia top income tax rate is 4.82% on income above $60,000 (TY2025; 4.58% TY2026)

“§11-21-4i. Rate of tax ; Taxable years beginning on and after January 1, 2025. (a) ... The tax imposed by §11-21-3 of this code on the West Virginia taxable income of every individual... shall be determined in accordance with the following table: ... Over $60,000 $2,053.50 plus 4.82% of excess over $60,000”

Note: W. Va. Code §11-21-4i carries the TY2025 rate schedule, graduated up to 4.82% on income above $60,000. Same bracket thresholds apply for all filing statuses. TY2026 cuts (SB 392, retroactive 1/1/2026): top falls to 4.58%. No standard deduction. No capital gains preference.

U.S. Treasury interest exempt from West Virginia income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations

“Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.”

Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.

FHLB and FFCB bond interest exempt from West Virginia income tax: federal enabling statutes mandate state tax exemption

“Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.”

Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.

Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation

“The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).”

Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.

IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback

“In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.”

Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.

West Virginia top income tax rate is 4.82% on income above $60,000 (TY2025; 4.58% TY2026)

“§11-21-4i. Rate of tax ; Taxable years beginning on and after January 1, 2025. (a) ... The tax imposed by §11-21-3 of this code on the West Virginia taxable income of every individual... shall be determined in accordance with the following table: ... Over $60,000 $2,053.50 plus 4.82% of excess over $60,000”

Note: W. Va. Code §11-21-4i carries the TY2025 rate schedule, graduated up to 4.82% on income above $60,000. Same bracket thresholds apply for all filing statuses. TY2026 cuts (SB 392, retroactive 1/1/2026): top falls to 4.58%. No standard deduction. No capital gains preference.

West Virginia top income tax rate is 4.82% on income above $60,000 (TY2025; 4.58% TY2026)

“§11-21-4i. Rate of tax ; Taxable years beginning on and after January 1, 2025. (a) ... The tax imposed by §11-21-3 of this code on the West Virginia taxable income of every individual... shall be determined in accordance with the following table: ... Over $60,000 $2,053.50 plus 4.82% of excess over $60,000”

Note: W. Va. Code §11-21-4i carries the TY2025 rate schedule, graduated up to 4.82% on income above $60,000. Same bracket thresholds apply for all filing statuses. TY2026 cuts (SB 392, retroactive 1/1/2026): top falls to 4.58%. No standard deduction. No capital gains preference.

West Virginia conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference

“Verbatim text not yet extracted; see note.”

Note: Structural inference: West Virginia starts from the federal income tax base (W. Va. Code §11-21-9 defines West Virginia taxable income of a resident from federal adjusted gross income), so the federal section 1212 capital-loss carryover flows through; no published guidance addresses the imported pre-residency carryforward. Verbatim statutory text of §11-21-4j (new 2026 SB 392 section) is served only via JavaScript on code.wvlegislature.gov and could not be statically extracted on 2026-07-03; the tax.wv.gov rate-reduction page confirms the rate cut but not capital-loss conformity. Not directly verified.