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SB248 • 2026
Return to WV Tax Credit Act
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Return to WV Tax Credit Act
To Finance
Introduced in Senate
To Finance
Filed for introduction
Return to WV Tax Credit Act
SB 248 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version Senate Bill 248 History | Email Key: Green = existing Code. Red = new code to be enacted WEST virginia legislature 2026 regular session FISCAL NOTE FISCAL NOTE Introduced Senate Bill 248 By Senator Clements [Introduced January 14, 2026; referred to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §11-13NN-1, §11-13NN-2, §11-13NN-3, §11-13NN-4, §11-13NN-5, and §11-13NN-6, relating to creating the Return to West Virginia Tax Credit Act; providing for a title, findings, and purpose; providing for a nonrefundable credit against state personal income taxes; providing a definition; providing for limitations and eligibility requirements of the credit; authorizing legislative rule; authorizing the Tax Commissioner to create forms and require documentation; providing for effective and expiration dates of the credit; and requiring reporting. Be it enacted by the Legislature of West Virginia: ARTICLE 13NN. return to west virginia tAX CREDIT ACT. §11-13NN-1. Short Title. This article may be cited as the "Return to West Virginia Tax Credit Act." §11-13NN-2. Findings and purpose. The Legislature finds that it is an important public policy to encourage former West Virginians to return home and seek employment in West Virginia. West Virginia is enjoying low unemployment rates and seeks the return of West Virginians who have been gone because they, or their family members, felt the need to pursue employment opportunities outside of the state. In furtherance of its findings and as an incentive to return home and work in the state, the purpose of this article is to create a nonrefundable credit against state personal income taxes. §11-13NN-3. Amount and limitation of credit. There is allowed to an eligible taxpayer a nonrefundable credit against taxes imposed by §11-21-1 et seq . in the amount $25,000. If the total amount of the credit authorized by this article is not used in any tax year, the unused portion of the credit may be applied to a future tax year to which this credit applies: Provided , That the total amount of the credit claimed by an eligible taxpayer may not exceed $25,000. No carryback to a prior taxable year is allowed for any unused portion of the credit. §11-13NN-4. Eligibility for credit; definition. "Eligible taxpayer " as used in this article means an individual in this state who meets the following criteria: (1) The individual resided and was employed in West Virginia for a minimum of 10 years; or the individual was born in West Virginia; and (2) The individual has not been a resident of West Virginia for at least 10 consecutive years preceding the year 2025; and (3) The individual became a West Virginia resident again on or after January 1, 2025. §11-13NN-5. Legislative rules; authority of the Tax Commissioner. (a) The Tax Commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code as may be necessary to carry out the purpose of this article. (b) The Tax Commissioner may create forms and require the submission of documentation from any taxpayer who claims entitlement to the credit authorized by this article in order to verify such entitlement. §11-13NN-6. Effective date and expiration of credit; reporting. (a) The credit authorized in this article may be claimed after December 31, 2026. (b) The credit authorized in this article shall expire and not be authorized or applied for any taxable year after December 31, 2030. (c) On or before July 1, 2025, and annually thereafter for as long as the credit authorized in this article may be claimed, the Tax Commissioner shall provide an annual report in an electronic format to the Joint Committee on Government and Finance setting forth details concerning the utilization of the credit, including the number of taxpayers claiming the credit, the number of taxpayers deemed eligible or ineligible by the Tax Commissioner to receive the credit, benefits realized as a result of the credit, and the annual amount of the credit. NOTE: The purpose of this bill is to provide for a nonrefundable $25,000 tax credit against state personal income taxes and encourage West Virginians to return to West Virginia to pursue employment opportunities. Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added. 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