Senate 866

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Senate Bill 866

By Senator Tarr

[Introduced February 9, 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 §11-21-80, relating to personal income tax; and exempting capital gains from gold, silver, and cryptocurrency.

Be it enacted by the Legislature of West Virginia:

ARTICLE 21. PERSONAL INCOME TAX.

§11-21-80. Capital gain tax exemption on gold, silver and cryptocurrency.

(a) For the purposes of this section:

"Cryptocurrency" means a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority.

"Precious metal bullion" means coins, bars or rounds containing primarily refined gold and silver that is marked and valued primarily by its weight, purity, and content; and

(b) Gross income does not include any net capital gain derived from the exchange of precious metal bullion and cryptocurrency and shall be exempt from income tax under this article.

NOTE: The purpose of this bill is to exempt capital gains tax on gold, silver, and cryptocurrency.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.