West Virginia 2026 Regular Session

West Virginia Senate Bill SB 120

Introduced
1/14/26  

Caption

Eliminating income tax on qualified tipped wages

Summary

SB 120, titled "Eliminating income tax on qualified tipped wages," would remove state personal income tax from certain wages earned as tips. Based on the bill caption and available context, the measure is aimed at workers in tipped occupations such as restaurant servers, bartenders, and other service employees who receive gratuities as part of their compensation. The bill appears designed to increase take-home pay for those workers by exempting qualifying tipped income from West Virginia income tax. Because the full bill text is not available in the provided materials, the precise statutory changes cannot be identified from the text itself. However, the bill would likely amend West Virginia tax law to create a new income-tax exclusion or deduction for qualified tipped wages, and would affect how employers, payroll systems, and taxpayers report and withhold taxes on tip income. It would also likely require the state tax agency to define which wages qualify as tipped wages and how those amounts are documented.

Impact

The bill would affect state income tax law by carving out an exemption for qualified tipped wages, reducing taxable income for eligible workers and potentially lowering state revenue. It would primarily affect tipped employees and the employers who report and withhold wages, while also implicating the state tax department’s administration and enforcement of income tax rules. Any implementing language would need to define eligibility, documentation, and interaction with existing wage and withholding statutes.

Sentiment

The available record shows the bill was referred to the Senate Finance Committee, which suggests it was being considered as a tax policy measure rather than having already advanced through floor debate. No committee transcript or vote record was provided, so there is no direct evidence of support or opposition in the materials. The bill title indicates a pro-worker, tax-relief framing that would likely appeal to supporters of reducing taxes on service-industry income.

Contention

The main likely points of contention are fiscal and administrative. Supporters would likely argue that tipped workers should keep more of their earnings and that the exemption would provide targeted relief to lower- and moderate-income service workers. Opponents may raise concerns about lost state revenue, whether the benefit is narrowly targeted or unevenly distributed, and how to define and verify "qualified tipped wages" without creating compliance problems or opportunities for abuse. Employers and tax administrators could also be concerned about changes to withholding and reporting requirements.

Companion Bills

No companion bills found.

Previously Filed As

WV SB549

Eliminating income tax on qualified tipped wages

WV HB2052

Eliminating the requirement that the apprenticeship training tax credit base be limited to wages paid to apprentices in the construction trades

WV HB2012

Eliminating accelerated tax payment requirements.

WV SB615

Eliminating accelerated tax payment requirements

WV SB9

Eliminating tax exemption of state-owned real property

WV HB2676

Eliminating specific statutory restrictions on outdoor advertisement

WV SB928

Eliminating restriction to carry firearm in and on State Capitol Complex

WV SB837

Eliminating WV Office of Equal Opportunity

WV SB597

Eliminating restriction to carry firearm on State Capitol Complex grounds

WV SB847

Eliminating provisions limiting number of investigators in criminal investigation division of Tax Division

Similar Bills

No similar bills found.