Virginia HB 1620: Income tax, state and corporate; tax credit for employers of National Guard members.

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2020 SESSION

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20106817D 

HOUSE BILL NO. 1620 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the House Committee on Finance 

on January 29, 2020) 

(Patrons Prior to Substitute--Delegates Helmer and Freitas [HB 
230]) 

A BILL to amend the Code of Virginia by adding in Article 3 of 
Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to individual 
and corporate income tax credit; employers of National Guard members and 
self-employed National Guard members. 

Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Article 
3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13 as follows:

� 58.1-339.13. Tax credits for employers of National Guard 
members and self-employed National Guard members.

A. For purposes of this section:

"Employer" means the same as that term is defined 
in � 58.1-460.

"National Guard employee" means a person who is 
(i) an employee, as defined in � 58.1-460, of an employer and (ii) an active 
member of the National Guard of the Commonwealth of Virginia.

"Self-employed National Guard member" means an 
active member of the National Guard of the Commonwealth of Virginia who derives 
a substantial portion of his income from a trade or business (i) operated by 
the member as a sole proprietor, (ii) through which the member has attempted to 
earn taxable income, and (iii) for which the member has filed the appropriate 
Internal Revenue Service Form 1040, Schedule C or F, for the previous taxable 
year.

"Wages" means the same as that term is defined in 
� 58.1-460 and includes wages or salaries paid during the deployment of a 
National Guard employee.

B. 1. For taxable years beginning on and after January 1, 
2020, but before January 1, 2025, an employer shall be allowed a credit against 
the tax levied pursuant to � 58.1-320 or 58.1-400 for wages paid to a National 
Guard employee during the taxable year. The amount of the credit shall be 25 
percent if such employee was in a military pay status for 65 days or more 
during such taxable year or 15 percent if such employee was in a military pay 
status for more than 44 days but less than 65 days during such taxable year. 
The credit shall not be allowed if such employee was in a military pay status 
for less than 45 days during such taxable year.

2. For taxable years beginning on and after January 1, 
2020, but before January 1, 2025, a self-employed National Guard member shall 
be allowed a credit against the tax levied pursuant to � 58.1-320 or 58.1-400 
for income attributable to his trade or business during the taxable year. The 
amount of the credit shall be 25 percent if such self-employed individual was 
in a military pay status for 65 days or more during such taxable year or 15 
percent if such self-employed individual was in a military pay status for more 
than 44 days but less than 65 days during such taxable year. The credit shall