Virginia SB 218: Income tax, state and corporate; tax credit for employers of National Guard members.

Bill Text

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2021 SESSION

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20100807D

SENATE BILL NO. 218 

Offered January 8, 2020 

Prefiled December 30, 2019 

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. 
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Patrons-- Suetterlein and Chase 

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Referred to Committee on Finance and Appropriations 

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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