West Virginia Code — Chapters 11 / 11A / 11B (Taxation)
W. Va. Code § 11-21-7
Resident and nonresident defined
# (a)
Resident individual. -- Resident individual means an individual:
# (1)
Who is domiciled in this state, unless he maintains no permanent place of abode in this state, maintains a permanent place of abode elsewhere, and spends in the aggregate not more than thirty days of the taxable year in this state, or
# (2)
Who is not domiciled in this state but maintains a permanent place of abode in this state and spends in the aggregate more than one hundred eighty-three days of the taxable year in this state.
# (b)
Nonresident individual. -- A nonresident individual means an individual who is not a resident.
# (c)
Resident estate or trust. -- A resident estate or trust means:
# (1)
The estate of a decedent who at his death was domiciled in this state,
# (2)
A trust created by will of a decedent who at his death was domiciled in this state, or
# (3)
A trust created by, or consisting of property of, a person domiciled in this state.
# (d)
Nonresident estate or trust. -- A nonresident estate or trust means an estate or trust which is not a resident.
# (e)
Cross reference. -- For effect of change of an individual's resident status, see section fifty-four.
Source: view the official text
In this chapter (40 sections)
- 11-19-10 · Penalties; crimes
- 11-19-11 · Separability
- 11-19-12 · General procedure and administration
- 11-19-13 · Effective date of repeal of article
- 11-20-1 · Authority of other states and their political subdivisions to…
- 11-21-1 · Legislative findings
- 11-21-2 · Short title; arrangement and classification
- 11-21-3 · Imposition of tax; persons subject to tax
- 11-21-3A · Imposition of tax; persons subject to tax
- 11-21-4 · Rate of tax -- Taxable years ending prior to January 1, 1963
- 11-21-4A · Rate of tax -- Taxable years beginning on or after January…
- 11-21-4B · Same -- Taxable years beginning on or after January 1, 1970,…
- 11-21-4C · Rate of tax -- Taxable periods beginning on or after January…
- 11-21-4D · Rate of tax -- Taxable periods beginning on or after April…
- 11-21-4E · Rate of tax -- Taxable years beginning on or after January…
- 11-21-4F · Effect of rate changes during taxable year
- 11-21-4H · Future personal income tax reductions
- 11-21-4I · Rate of tax — Taxable years beginning on and after January…
- 11-21-5 · Optional tax for certain resident individuals
- 11-21-6 · Accounting periods and methods
- 11-21-7 · Resident and nonresident defined
- 11-21-8 · Credits against tax
- 11-21-8A · Credit for qualified rehabilitated buildings investment
- 11-21-8B · Definitions
- 11-21-8C · Procedures
- 11-21-8D · Standards
- 11-21-8E · Carryback, carryforward
- 11-21-8F · Disclosure of credit applications and grants
- 11-21-8G · Credit for qualified rehabilitated residential building…
- 11-21-8H · Distribution, sale, transfer or assignment of qualified…
- 11-21-9 · Meaning of terms
- 11-21-9A · Pledge of credit or collateral by endorser, guarantor or…
- 11-21-10 · Low income exclusion
- 11-21-10A · Adoption tax credit
- 11-21-11 · West Virginia taxable income of resident individual
- 11-21-12 · West Virginia adjusted gross income of resident individual
- 11-21-12A · Additional modification reducing federal adjusted gross…
- 11-21-12B · Combat pay exempt
- 11-21-12C · Deduction for long-term care insurance
- 11-21-12D · Additional modification reducing federal adjusted gross…