Plain English Breakdown
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SB492 • 2026
Establishing additional modification reducing federal adjusted gross income relating to taxes on tips and overtime
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
The plain English breakdown is still being put together. The official documents below are already here.
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Plain English: SB492 HFA Howell, G.
To Finance
Introduced in Senate
To Finance
Filed for introduction
Establishing additional modification reducing federal adjusted gross income relating to taxes on tips and overtime
SB 492 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 492 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION FISCAL NOTE Introduced Senate Bill 492 By Senator Takubo [Introduced January 19, 2026; referred to the Committee on Finance] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §11-21-12o, relating to establishing an additional modification reducing federal adjusted gross income relating to taxes on tips and overtime; phasing out the reducing modification for taxpayers with modified adjusted gross incomes over a certain threshold; and providing that nonresidents are only eligible for a reducing modification attributable to services performed in the state. Be it enacted by the Legislature of West Virginia: ARTICLE 21. PERSONAL INCOME TAX. §11-21-12o. Additional modification reducing federal adjusted gross income relating to taxes on tips and overtime. (a) In addition to amounts authorized to be subtracted from federal gross income pursuant to §11-21-12 of this code, a modification reducing federal adjusted gross income is hereby authorized for taxable years beginning on or after January 1, 2026, and before January 1, 2029, in an amount equal to the sum of the following deductions allowed on the taxpayer’s federal income tax return for the same tax year for the following: (1) Qualified tips under 26 U.S.C. § 224 of the Internal Revenue Code; and (2) Qualified overtime compensation under 26 U.S.C. § 225 of the Internal Revenue Code. (b) For a nonresident, only qualified tips and overtime compensation that are attributable to services performed in this state may be eligible for the reducing modification. (c) In addition to amounts authorized to be subtracted from federal gross income pursuant to §11-21-12 of this code, a modification reducing federal adjusted gross income is hereby authorized for taxable years beginning on or after January 1, 2029, for the following: (1) Qualified tips in accordance with the provisions of W.Va. C.S.R. §42-8-12 et seq. up to $25,000 annually. (A) The reducing modification phases out for taxpayers with modified adjusted gross incomes over $150,000. (B) The reducing modification is available regardless of the type of return form filed. (2) Qualified overtime compensation paid by an employer in accordance with the provisions of §21-5C-3 of this code up to $12,500 annually. (A) The reducing modification phases out for taxpayers with modified adjusted gross incomes over $150,000. (B) The reducing modification is available regardless of the type of return form filed. (d) For a nonresident, only qualified tips and overtime compensation that are attributable to services performed in this state may be eligible for the reducing modification. NOTE: The purpose of this bill is to establish an additional modification reducing federal adjusted gross income relating to taxes on tips and overtime. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: