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2022
WEST VIRGINIA
S CORPORATION & PARTNERSHIP INCOME TAX
(P ASS HROUGH NTITIES -T E )
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2022
WEST VIRGINIA
S CORPORATION & PARTNERSHIP INCOME TAX
(P ASS HROUGH NTITIES -T E )
|
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IMPORTANT INFORMATION FOR 2022
Star ng for Tax Year 2020, the West Virginia S Corpora on & Partnership Income Tax Return has been redesignated from
SPF-100 to PTE-100. This will impact any form that previously had the “SPF” label.
For periods beginning on or a er January 1, 2022, annual returns will have a due date of March 15, 2023 and an
extended due date of September 15, 2023. Fiscal and 52/53-week returns will be due on the 15th day of the third month
following the close of the taxable year with an extension period of six months.
TAX RATES
● The withholding rate on West Virginia source income con nues to be 6.5% (§11-21-71a(b)(1)).
● Effec ve January 1, 2019, taxpayers who had annual remi ance of any single tax equal to or greater than
$50,000 during the fiscal year are required to electronically file returns and make payments using Electronic
Funds Transfer (EFT) for periods beginning on or a er January 1.
● Failure to comply with the requirement to remit payments by EFT without first obtaining a waiver may result in a
civil penalty of 3 percent of each payment which was to be paid by EFT. Visit our website at www.tax.wv.gov for
addi onal informa on.
RETURNED PAYMENT CHARGE
The Tax Department will recover a $15.00 fee associated with any returned bank transac ons. These bank transac ons
include but are not limited to the following:
● Direct Debit (payment) transac ons returned for insufficient funds.
● Stopped payments.
● Bank refusal to authorize payment for any reason.
● Direct Deposit of refunds to closed accounts.
● Direct Deposit of refunds to accounts containing inaccurate or illegible account informa on.
Checks returned for insufficient funds will incur a $28.00 fee.
The fee charged for returned or rejected payments will be to recover only the amount charged to the State Tax
Department by the financial ins tu ons.
Important : There are steps that can be taken to minimize the likelihood of a rejected financial transac on occurring:
● Be sure that you are using the most current bank rou ng and account informa on.
● If you have your tax return professionally prepared, the financial informa on used from a prior year return o en
pre-populates the current return as a step saver. It is important that you verify this informa on with your tax
preparer by reviewing the bank rou ng and account informa on from a current check. This will ensure the
informa on is accurate and current in the event that a bank account previously used was closed or changed
either by you or the financial ins tu on.
● If you prepare your tax return at home using tax prepara on so ware, the financial informa on used from a
prior year return o en pre-populates the current return as a step saver. It is important that you verify this
informa on by reviewing the bank rou ng and account informa on from a current check. This will ensure the
informa on is accurate and current in the event that a bank account previously used was closed or changed
either by you or the financial ins tu on.
● If you prepare your tax return by hand using a paper return, be sure that all numbers reques ng a direct deposit
of refund entered are clear and legible.
● If making a payment using MyTaxes, be sure that the bank rou ng and account number being used is current.
● If scheduling a delayed debit payment for an electronic return filed prior to the due date, make sure that the
bank rou ng and account number being used will be ac ve on the scheduled date.
● Be sure that funds are available in your bank account to cover the payment when checks or delayed debit
payments are presented for payment.
C OVER HOTO HOTOGRAPH BY ENNY ERRY P P K B
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 Enlarge image | TAXPAYER RESPONSIBILITIES FILING YOUR BUSINESS TAX RETURNS Returns must be filed by the due date. You may obtain forms by calling 1-800-982-8297. Forms may also be obtained from any of our regional field offices or from the State Tax Department website at tax.wv.gov. Failure to file returns will result in your account being referred to our Compliance Division for correc ve ac on. Please file all required tax returns even if you owe no tax for the repor ng period. All pages of the return must be filed. PAYMENT OF THE TAX The full amount of tax owed is due and payable on the original due date of the tax return. Failure to pay the full amount of tax by the due date will result in interest and penal es being added to any unpaid amount of tax. If for any reason you are unable to pay the full amount of tax on the due date, you should file your tax return along with a wri en explana on of why you are unable to pay and when you will pay the tax due. REFUNDS You are en tled to a refund of any amount that you overpaid. All or part of any overpayment may be applied as a credit against your liability for such tax for other periods. A claim for refund (usually a tax return showing an overpayment) must be filed within three years of the due date of the return or two years from the date the tax was paid, whichever expires later. The overpayment will be used by the Tax Department against other tax liabili es due. If the Tax Department does not respond to your request within three (3) months of the due date or the extended due date on overpayment of Withholding Tax, you may submit in wri ng a request for an administra ve hearing to present your reasons why you feel you are en tled to the refund. Interest is allowed and paid on any refund upon which the Department has failed to mely act and which is final and conclusive. If the Tax Department denies or reduces a request for a refund, a wri en request for an administra ve hearing may be submi ed. Failure to respond to a denial or reduc on within sixty (60) days will result in the denial/reduc on becoming final and conclusive and not subject to further administra ve or judicial review. SELLING OR DISCONTINUING YOUR BUSINESS If you sell or discon nue your business, no fy the Tax Department in wri ng as soon as possible a er your business is sold or discon nued. All final tax returns should be filed. PAGE 3 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
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GENERAL INFORMATION
The informa on in this booklet is for calendar year 2022 returns and for fiscal year returns beginning in 2022 and ending
in 2023. The informa on in this book is intended to help you complete your returns and is not a subs tute for tax laws
and regula ons.
ASSISTANCE
Address ques ons to the West Virginia State Tax Department, Taxpayer Services Division, PO Box 3784, Charleston, WV
25337-3784 or by telephone at (304) 558-3333, toll free at 1-800-982-8297.
EXEMPT ORGANIZATIONS
Any S Corpora on or Partnership exempt from federal income tax is also exempt from West Virginia income tax. In
addi on, certain insurance companies, certain produc on credit associa ons, trusts established under 29 U.S.C. 186, and
other organiza ons specifically exempt under the laws of West Virginia are also exempt.
WHEN TO FILE AND PAY
For periods beginning on or a er January 1, 2022, annual returns will have a due date of March 15, 2023 and an
extended due date of September 15, 2023. Fiscal and 52/53-week returns will be due on the 15th day of the third month
following the close of the taxable year with an extension period of six months.
WHO MUST FILE
The following Partnerships are required to file an Income Tax Return:
● Resident Partnerships,
● Non-Resident Partnerships having a partner who is a resident of West Virginia, or
● Non-Resident Partnerships having any income from or connected with West Virginia sources regardless of the
amount of such income.
Income from or connected with West Virginia is those items a ributable to (a) the ownership of any interest in real or
tangible personal property in West Virginia; or (b) a business, trade, profession, or occupa on carried on in West Virginia
including income from intangible personal property employed in such business, trade, profession, or occupa on unless it
elects to be taxed under subchapter S of the Internal Revenue Code.
The term “Partnership” includes syndicates, pools, joint ventures or any other unincorporated organiza on of two or
more persons through which any business, trade, profession, occupa on or venture is carried on. “Resident
Partnership” mean s any partnership organized under the laws of West Virginia whose principal office, place of business,
or other ac vity is within the borders of West Virginia. It may also carry on its business or other ac vi es in other states.
“Non-Resident Partnership” means any partnership other than a resident partnership.
A Limited Liability Company which is treated like a Partnership for federal income tax purposes will also be treated as
such for West Virginia income tax purposes. If it is not treated like a Partnership, it will be taxed as a C Corpora on unless
it elects to be taxed under subchapter S of the Internal Revenue Code.
Every corpora on elec ng to be taxed under subchapter S of the Internal Revenue Code that engages in business in West
Virginia or that derives income from property, ac vity, or other sources in West Virginia must file a West Virginia return.
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 Enlarge image | EXTENSION OF TIME TO FILE Any S Corpora on or Partnership needing an extension of me to file and/or that expects to owe Non-Resident Withholding Tax must file Form PTE-100EXT, Extension of Time to File Informa on Returns, on or before the due date of the return. Any S Corpora on or Partnership granted an extension of me to file their federal return is granted the same extension of me to file their West Virginia return. Be sure to a ach a copy of your federal extension to each tax return to avoid any penalty for late filing. An extension of me for filing does not extend the me for payment. To avoid interest and addi ons to tax for late payment, use Form PTE-100EXT to make an extension payment pending the filing of the annual return. A state extension of me to file may be obtained, even if a federal extension has not been requested, provided Form PTE-100EXT is filed prior to the due date of the West Virginia return. WHERE TO FILE West Virginia State Tax Department Tax Account Administra on Division PO Box 11751 Charleston, WV 25339-1751 USE OF FEDERAL FIGURES All items of income and deduc ons to be reported on this return are the same as for federal tax purposes and the meaning of all terms are the same, unless otherwise defined. PENALTY FOR LATE FILING AND FAILURE TO INCLUDE CORRECT INFORMATION Any S Corpora on or Partnership that fails to file and/or include all the correct informa on on Form PTE-100, and on Form NRW-2, WVK-1 or Form NRW-4 when applicable, by the required filing date is subject to a penalty of $50.00 for each informa on return that they failed to file or include correct informa on on, not to exceed $100,000. Provisions for the reduc on of the penalty amount exist if the partnership corrects the failure or error within specified me frames. If the failure is due to inten onal disregard for the filing requirements or the correct informa on repor ng requirement, the penalty is $100.00 or ten percent (.1) of the aggregate amount of the items required to be reported correctly, whichever is greater. For addi onal informa on about this penalty, request a copy of Publica on TSD-391 by calling Taxpayer Services at (304) 558-3333 or toll free at 1-800-982-8297. Also, the Publica on can be found online at www.tax.wv.gov. REPORTING WEST VIRGINIA INCOME TAX WITHHOLDING CREDIT A West Virginia Income Tax Withholding Credit is created when a payment is made by another en ty for the benefit of the en ty filing this return. Electronic Filed Returns – If you are claiming a withholding credit you must submit Form WVK-1, NRW-2, or 1099 as part of your electronic return. Only electronically submi ed data is acceptable. No PDF a achments will be accepted for claiming a withholding credit. These documents will be used to verify the withholding credits claimed on your return. If withholding is claimed as a result of the Nonresident Sale of Real Estate, the form WV/NRSR and all suppor ng documenta on should be on file with the State tax Department prior to filing the PTE-100. No PDF a achments will be accepted for claiming a NRSR withholding credit. Failure to file the required WV/NRSR, federal Schedule D and other suppor ng documents prior to filing the PTE-100 will result in return processing delays. Paper Filed Returns – Enter the total amount of West Virginia tax withheld on your behalf by another en ty on your return. A completed WVK-1, NRW-2, or 1099 must be enclosed with your paper return. Failure to submit these documents will result in the disallowance of the withholding credit claimed. PAGE 5 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
 Enlarge image | Note: Local or municipal fees cannot be claimed as West Virginia income tax withheld. If the withholding source is for a Non-Resident sale of real estate transac on, a form WV/NRSR must be completed and on file with the State Tax Department prior to submi ng a tax return. Addi onally, a Federal Schedule D must be submi ed. If withholdings are related to form WV/NRSR, please indicate in the box provided on line 14. NONRESIDENT SHAREHOLDER/PARTNER WITHHOLDING TAX S Corpora ons and Partnerships are required to withhold West Virginia Income Tax for each Non-Resident shareholder/partner that has not provided the S Corpora on or Partnership a WV Non-Resident Income Tax Agreement, Form NRW-4. The amount to be withheld is six and one-half percent (.065) of the Non-Resident shareholder’s/partner’s share of the Federal Taxable Income or por on thereof that is derived from or a ributable to West Virginia sources, whether such amount is distributed or is deemed to have been distributed for Federal Income Tax purposes. The en re tax withheld is required to be remi ed with the WV Income Tax Return for S Corpora on and Partnership. INFORMATION STATEMENT OF TAX WITHHELD Every S Corpora on or Partnership required to deduct and withhold tax on Non-Resident shareholders/partners must provide a WVK-1 or WV/NRW-2 to each Non-Resident shareholder/partner on or before the date it files its West Virginia S Corpora on/Partnership Tax Return. The informa on statement shall show the amount of WV income subject to withholding and the amount of WV Income Tax withheld by the S Corpora on or Partnership on behalf of the shareholder/partner. The S Corpora on or Partnership is required to submit all income and withholding informa on as it relates to the individual shareholders/partners of the S Corpora on or Partnership on Schedule SP, Summary of K-1 Shareholders/Partners Ownership and Computa on of Withholding Tax, when filing their annual PTE-100. SATISFYING NONRESIDENT PERSONAL INCOME TAX REPORTING REQUIREMENTS IT-140 WEST VIRGINIA PERSONAL INCOME TAX RETURN The individual Non-Resident shareholder/partner must enclose the withholding documents supplied by the S Corpora on or Partnership, WVK-1 or WV/NRW-2, when filing the IT-140 West Virginia Personal Income Tax Return on paper. If filing electronically, this informa on will be entered in the tax so ware program and it will not be necessary to submit any addi onal paper forms. IT-140NRC NONRESIDENT COMPOSITE TAX RETURN If the only West Virginia source income for the shareholders/ partners is derived from the S Corpora on or Partnership, the shareholders/partners may elect to sa sfy the Non-Resident income tax repor ng requirements using the IT-140NRC Non-Resident Composite Tax Return in lieu of the IT-140 West Virginia Personal Income Tax Return. This permits the group to file as a single en ty with the only signature requirements being of a partner in the case of a Partnership or a corporate officer in the case of a S Corpora on. The S Corpora on or Partnership will file the IT-140NRC and is responsible for collec ng and remi ng all withholding tax due. A copy of Schedule SP as submi ed with the PTE-100 filed by the S Corpora on or Partnership indica ng which shareholders/ partners have elected to be part of the composite return must be submi ed with the IT-140NRC return. A processing fee of $50.00 is also required to be remi ed at the me of filing. PAGE 6 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
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S CORPORATION/PARTNERSHIP INCOME (LOSS)
Form PTE-100, Schedule A is used to report all income (loss) from all ac vity of a S Corpora on or Partnership, but
only to the extent that it is taxable and allocable to the shareholders/partners. If the S Corpora on or Partnership has
income (loss) from ac vity in more than one state, Form PTE-100APT, Schedule B must also be completed.
If an S Corpora on or Partnership has income (loss) from ac vity in more than one state, and they can separately iden fy
and account for items of income and deduc ons as being directly allocable to WV, they may separately account for the
WV business ac vity on PTE-100, Schedule A, lines 1 through 6. Suppor ng Federal documents must be a ached to the
PTE-100. If direct alloca on is used add PTE-100, Schedule A, lines 9 and 12, and enter the total on line 13. Generally,
income derived from the ownership of real or tangible personal property in West Virginia lends itself to direct alloca on,
whereas income from a business carried on within and without the State would preferably be allocated by
appor onment. Unless the books and records of the S Corpora on or Partnership clearly reflect their West Virginia
por on, the alloca on must be made by the appor onment formula provided in form PTE-100APT, Schedule B.
If you have determined your WV Income en rely by direct alloca on, you are not eligible to appor on.
SHAREHOLDER/PARTNER INFORMATION
Form PTE-100, lines 5 through 10, and the Schedule SP are used to iden fy all shareholders/partners and to account for
each shareholder/partner’s share of the S Corpora on/Partnership’s income. They are also used to calculate the amount
of withholding that is required on the Non-Resident shareholder/partner’s share of the S Corpora on’s/Partnership’s
income. All individual shareholders/partners are subject to West Virginia personal income tax under the provisions of WV
Code Chapter 11, Ar cle 21. The S Corpora on/Partnership is required to withhold income tax on the Non-Resident
shareholder’s/partner’s share of the S Corpora ons/Partnership’s West Virginia source income under the provisions of
Chapter 11, Ar cle 21, Sec on 71a of the West Virginia Tax Code.
TAXABLE YEAR/METHOD OF ACCOUNTING
You must use the same taxable year and method of accoun ng as you use for federal tax purposes.
FEDERAL RETURN INFORMATION
A signed, true copy of the first five pages of Federal Form 1120S or 1065, and any suppor ng documents must be
a ached to the PTE-100 return when filed.
INTEREST
You must pay the en re tax due on or before the due date of the tax return (determined without regard for an extension
of me to file). If you do not pay the en re tax due on or before the due date, you must pay interest on the amount of
the underpayment from the due date to the date paid. Interest is always due, without excep on, on any underpayment
of tax.
Interest is imposed at an adjusted rate established by the Tax Commissioner. The interest rate will be determined and in
effect for periods of six months. Interest rates in effect for various periods are:
07/01/02/-/12/31/16 9.5 % 01/01/19 – 12/31/19 9.25 %
01/01/17 – 12/31/17 8 % 01/01/20 – 12/31/20 9.25 %
01/01/18 – 12/31/18 8.75 % 01/01/21 – 12/31/21 7.75 %
01/01/22 – 12/31/22 11.50 %
Contact the West Virginia State Tax Department Taxpayer Services Division for the interest rate in effect for other
periods. The telephone number is (304) 558-3333 or toll free within West Virginia 1-800-982-8297.
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ADDITIONS TO TAX
LATE FILING
Addi ons to tax are imposed for failure to file a return on or before the due date (determined with regard to an
extension of me to file). On any amount of tax shown to be due on the return, the addi ons to tax for late filing of the
return is five percent (.05) per month or any part of a month not to exceed twenty-five percent (.25).
LATE PAYMENT
Addi ons to tax are imposed for failure to pay all tax shown to be due on a return on or before the due date (determined
without regard to an extension of me to file). The addi ons to tax for late payment is imposed at the rate of one half of
one percent (.005) per month or part of a month not to exceed twenty-five percent (.25).
When both the five percent (.05) addi ons to tax for late filing and the one half of one percent (.005) addi ons to tax for
late payment are imposed, the maximum monthly percent is five percent (.05).
COMPLETION AND SIGNATURE
All appropriate sec ons of the return must be completed. All required suppor ng documents must be a ached. An
incomplete return will not be accepted as mely filed. The returns must be signed by an authorized officer or partner. If
the return is prepared by someone other than the taxpayer, the preparer must also sign the return and enter his or her
complete address.
CHANGES MADE BY THE IRS TO FEDERAL RETURN
Any S Corpora on or Partnership whose reported income or deduc ons are changed or corrected by the Internal
Revenue Service or through renego a on of a contract with the United States is required to report the change or
correc on to the West Virginia State Tax Department. This report must be made within 90 days of the final
determina on by filing an RAR Amended Return and a aching a copy of the revenue agent’s report detailing such
adjustments.
PASS-THROUGH AMENDED RETURNS
An S Corpora on or Partnership that filed an amended return with the Internal Revenue Service must file an amended
return with the West Virginia State Tax Department within 90 days of filing the amended federal return.
● File Form PTE-100, comple ng all appropriate lines and checking the Amended box under “RETURN TYPE” on
page 1. Because West Virginia now uses barcodes on tax forms it is important to use the appropriate forms for
the tax year being amended. Example : You are amending a tax return for the period ending 12-31-2020; be sure
to use the 2020 PTE-100 forms.
● NOTE: Tax forms from different years may have different line numbers; read the line instruc ons carefully.
● Any amount paid with the original return should be entered on the es mated and extension payments line of the
return on page 2.
● If you received a refund or had an amount credited on the original return, enter that amount on the
Overpayment previously refunded or credited (amended return only) line of the return on page 2.
● A ach all schedules previously submi ed and make any appropriate amended changes.
Amended Returns filed for the purpose of obtaining a refund of an overpayment must be filed within three years of the
due date of the return (with regard to an extension of me to file), or two years from the date the tax was paid,
whichever expires later. If your Amended Return has a balance due, send the payment along with the tax return.
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 Enlarge image | CONSISTENCY IN REPORTING In comple ng your West Virginia Income Tax Return for S Corpora ons and Partnerships, if you depart from or modify past procedures for classifying business income and nonbusiness income, for valuing property or including or excluding property in the property factor, for trea ng compensa on paid in the payroll factor, or for including or excluding gross receipts in the sales factor, you must disclose by separate a ached schedule the nature and extent of the variance or modifica on. If you make sales of tangible personal property which are shipped into a state in which you are not taxable, you must iden fy the state to which the property is shipped and report the total amount of sales assigned to such state. CONFIDENTIAL INFORMATION Tax informa on which is disclosed to the West Virginia State Tax Department, whether through returns or through department inves ga ons, is held in strict confidence by law. The State Tax Department, the United States Internal Revenue Service, and other states have agreements under which tax informa on is exchanged. This is to verify the accuracy and consistency of informa on reported on federal, other state, and West Virginia returns. PAGE 9 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
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SCHEDULE SP
SUMMARY OF K-1 SHAREHOLDERS/PARTNERS OWNERSHIP AND COMPUTATION OF WITHHOLDING TAX
THIS SCHEDULE MUST BE COMPLETED AND SUBMITTED WITH ALL S CORPORATION AND PARTNERSHIP RETURNS.
If an en ty has more than 12 shareholders/partners, the taxpayer should submit their PTE-100 return electronically.
COLUMN A
Enter the name of each shareholder/partner that the S Corpora on or Partnership had during its taxable year.
If an en ty has more than 12 shareholders/partners, the taxpayer must submit their PTE-100 return electronically.
If a single Shareholder or Partner has 100% ownership, mark the checkbox provided and provide the informa on of the
single en ty
COLUMN B
Enter either the social security number or federal employer’s iden fica on number of each shareholder/partner listed in
Column A.
COLUMN C
Check only one Box:
● Box 1 – If the shareholder/partner is a resident of West Virginia, check the box in this column.
● Box 2 – If the shareholder/partner is a Non-Resident of West Virginia and has elected to be a member of the
Non-Resident composite group, check the box in this column. These are the Non-Resident shareholders/partners
who will be included in the Non-Resident Composite Tax Return filing.
● Box 3 – If the shareholder/partner is a Non-Resident of West Virginia and has elected not to be a member of the
composite group and has not signed Form NRW-4, check the box in this column. These Non-Resident
shareholders/partners will file a West Virginia Income Tax Return as required.
● Box 4 – If the S Corpora on/Partnership has received Form NRW-4 from the Non-Resident shareholder/partner
or if the shareholder/partner is tax exempt, check the box in this column. A ach any NRW-4 agreement signed
in this tax period to your return when filed. If Form NRW-4 was filed and submi ed in a previous period, and has
not been revoked, it is not necessary to file addi onal copies with your return in subsequent years. Please make
available upon request a list of tax exempt en es on Schedule SP.
COLUMN D
Enter the income distribu on percentage of each shareholder/partner carried out to the sixth decimal place.
COLUMN E
Mul ply the income distribu on percentage of each shareholder/partner in Column D by the amount shown in the Total
West Virginia Income box at the bo om of the page. The amount in Column E is the WV Distribu ve Income of each
shareholder/partner. A state of explana on must be submi ed if the West Virginia Distribu ve Income of the
shareholder/partner is not equal to their ownership percentage mes the en ty’s West Virginia income.
COLUMN F
If Box 2 in Column C (Non-Resident Composite) was checked - mul ply the dollar amount in Column E by the tax rate of
.065 and enter the result in Column F.
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 Enlarge image | COLUMN G If Box 3 in Column C (Non-Resident) was checked - mul ply the dollar amount in Column E by the tax rate of .065 and enter the result in Column G. SCHEDULE SP GRAND TOTAL LINE Total the amount in Column F and Column G. TOTAL WV INCOME The amount in this box must match the amount shown on Schedule A, line 13. Special Note: S Corpora ons/Partnerships with Non-Resident shareholders/partners must review the following forms: NRW-2 – Statement of West Virginia Income Tax Withheld for Non-Resident Individual or Organiza on WVK-1 – Schedule of WV Partner/Shareholder/Member/Beneficiary Income, Loss, Modifica on, Credits, and Withholding These forms contain important informa on about the Non-Resident withholding requirements. You may find these forms online at www.tax.wv.gov. EXTENSION PAYMENTS Extension requests and tenta ve payments of Non-Resident withholding tax, for both shareholders/partners who are included on the Non-Resident Composite Return and for those who will be filing individual returns, must be submi ed by the S Corpora on/ Partnership on Form PTE-100EXT. PTE-100EXT – Extension of Time to File Informa on Returns PAGE 11 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
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PTE-100
INSTRUCTIONS
On page 1, enter the beginning and ending tax year dates covered by this return. Clearly print or type your name and
address. If filing under extension, enter extended due date.
CENTRALIZED AUDIT REGIME - If you elected out of the Centralized Audit Regime under IRC Sec on 6221(b), check the
“yes” box. If not, check the “no” box and complete the Representa ve informa on in the designated area on page 1.
In the “ CHECK ALL APPLICABLE BOXES ” sec on, check all boxes that apply to the return being filed.
Part 1 – ENTITY TYPE – check either S Corpora on or Partnership
Part 2 – RETURN TYPE – check all that apply (more than one box may be selected).
Part 3 – IF FINAL/SHORT PERIOD/INITIAL RETURN – check all that apply.
Part 4 – ACTIVITY DESCRIPTION – check applicable box. Do not check Wholly WV if you are not a WV based en ty.
Part 5 – REPORTABLE ENTITIES – check all that apply. Note: if any box is checked in this sec on, informa on about the
reportable en ty must be entered on Schedule D
A ach a copy of the first five pages of your signed federal return (Form 1120S or 1065), and schedule M-3 if applicable.
Please a ach any addi onal informa on and/or statements as required.
All S Corpora ons/Partnerships must complete PTE-100 Schedule SP before comple ng lines 6 through 11.
Line 6, Column A – Income – Enter the amount of WV Distribu ve Income of WV residents from Schedule SP. This
amount will be equal to the sum of the amount in Column E for each shareholder/partner who had Column C,
Box 1 marked.
Line 7, Column A – Income – Enter the amount of WV Distribu ve Income of Non-Residents filing on an IT-140NRC
Non-Resident Composite Tax Return from Schedule SP. This amount will be equal to the sum of the amount in
Column E for each shareholder/partner who had Column C, Box 2 marked.
Line 7, Column B-Withholding – Enter the amount of withholding tax due for Non-Residents filing on an IT-140NRC
Non-Resident Composite Tax Return from Schedule SP. This amount will be equal to the sum of the amount in
Column F for each shareholder/partner who had Column C, Box 2 marked.
Line 8, Column –A Income – Enter the amount of WV Distribu ve Income of Non-Residents filing on an IT-140 WV
Personal Income Tax Return from Schedule SP. This amount will be equal to the sum of the amount in Column
E for each shareholder/partner who had Column C, Box 3 marked.
Line 8, Column B-Withholding – Enter the amount of withholding tax due for Non-Residents filing on an IT-140 WV
Personal Income Return from Schedule SP. This amount will be equal to the sum of the amount in Column G
for each shareholder/partner who had Column C, Box 3 marked.
Line 9, Column A-Income – Enter the amount of WV Distribu ve Income of Non-Residents filing with a signed NRW-4, or
that are tax exempt, from Schedule SP. This amount will be equal to the sum of the amount in Column E for
each shareholder/partner who had Column C, Box 4 marked.
Line 10, Column A-Income – Enter the sum of Column A, lines 6, 7, 8, and 9. The total WV income amount must match
the amount shown on Schedule SP (Grand Total of Column E) and the amount shown on Schedule A, line 13.
Line 11, Column B-Withholding – Enter the sum of Column B, lines 7 and 8. The amount of withholding tax due must
match the amount shown on Schedule SP (Grand Total of Column F plus Grand Total of Column G).
Line 12 – Enter the credit carried forward from the prior tax year here.
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Line 13 – Enter es mated and extension payments here. Also, if this is an amended return enter any amount paid with
the original return here.
Line 14 – Enter the amount of withholding credit from any WVK-1, NRW-2, or 1099 submi ed with your return. Check
the box if any withholdings are from NRSR (Non-Resident sale of real estate).
Line 15 – Add lines 12 through 14. Must match the total payments shown on Schedule C.
Line 16 – Overpayment previously refunded or credited (amended return only).
Line 17 – Total payments. Subtract line 16 from line 15
Line 18 – Tax Due – If line 17 is smaller than line 11, enter the amount owed. If line 17 is larger than line 11 skip to line 22.
Line 19 – Calculate interest due. See the general informa on on page 7 of this booklet for addi onal informa on
regarding interest .
Line 20 – Calculate addi ons to tax due. See the general informa on on page 8 of this booklet for addi onal informa on
regarding addi ons to tax .
Line 21 –Remit this amount . If paying by check, make the check payable to the West Virginia State Tax Department. For
other payment op ons see www.tax.wv.gov.
Line 22 – Amount of overpayment. An overpayment may be credited to next year’s tax or refunded, either in whole or
part.
Line 23 – The amount of overpayment to be credited to next year’s tax.
Line 24 – The amount of overpayment to be refunded.
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PTE-100 SCHEDULE A
Please note that if the S Corpora on or Partnership has income from sources both within and without West Virginia, they
must complete the PTE-100APT Schedules to determine how much of their income is from a West Virginia source.
Line 1 – An S Corpora on will enter the ordinary income (loss) as shown on Federal Form 1120S. A Partnership will
enter the ordinary income (loss) as shown on Federal Form 1065.
Line 2 – Enter the amount of all other gross income (loss) of the S Corpora on as shown on Federal Form 1120S,
Schedule K, that is not included on line 1. Enter the amount of all other gross income (loss) of the Partnership
as shown on Federal Form 1065, Schedule K, that is not included on line 1.
Line 3 – S Corpora ons will enter the amount of any expenses or deduc ons as shown on Federal Form 1120S,
Schedule K, that are not included on line 1. Partnerships will enter the amount of any expenses or deduc ons
as shown on Federal Form 1065, Schedule K, that are not included on line 1.
Line 5 – Modifica ons increasing Federal income: S Corpora ons and Partnerships enter the amount from PTE-100,
Schedule B, line 6.
Line 6 – Modifica ons decreasing Federal income: S Corpora ons and Partnerships enter the amount from PTE-100,
Schedule B, line 12.
Line 7 – Line 4 plus line 5 minus line 6.
Line 8 – See the instruc ons for Form PTE-100APT, Schedules A1 and A2 for proper classifica on of nonbusiness
income. For en es with nonbusiness income from sources within and without West Virginia, enter the
amount from PTE-100APT, Schedule A1, line 9 here.
Line 9 - Income subject to Appor onment Line 7 minus Line 8
**IMPORTANT NOTE REGARDING LINE 10**
Form PTE-100APT SCHEDULE B must be completed and attached if you are not a wholly WV company.
Failure to attach completed form will result in 100% apportionment to West Virginia.
Line 10 – If income is derived from sources within and without West Virginia, enter the appor onment factor from Form
PTE-100APT, Schedule B, part 1 or part 2 or part 3 as applicable.
Line 12 – For en es with nonbusiness income from sources within West Virginia, enter the amount from PTE-100APT,
Schedule A2, line 9 here.
Line 13 – Amount of West Virginia income.
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PTE-100 SCHEDULE B
INCREASING ADJUSTMENTS
Line 1 – Enter the amount of US Government obliga on interest or dividends not exempt from state tax, less related
expenses not deducted on your federal return. A ach suppor ng documenta on.
Line 2 – Interest or dividends on state and local bonds other than from WV sources.
Line 3 – Interest on money borrowed to purchase bonds earning income exempt from WV tax.
Line 4 – Qualifying 402(e ) lump-sum income not included in federal adjusted gross income but subject to state tax.
Line 5 – Other increasing adjustments. Enter a brief descrip on of any adjustment in the space provided.
Submit a statement for any adjustment entered.
DECREASING ADJUSTMENTS
Line 7 – Interest or dividends on US or WV obliga ons included in Federal AGI but exempt from state tax.
Line 8 – Refunds of state and local income taxes received and reported as income to the IRS.
Line 9 – Qualified Opportunity Zone business income (Must include copy of Federal IRS Form 8996)
Line 10 – Other decreasing adjustments. Enter a brief descrip on of any adjustment in the space provided.
Submit a statement for any adjustment entered.
Line 11 – Allowance for governmental obliga ons/obliga ons secured by residen al property (from Schedule B-1).
SCHEDULE B-1
Line 1 – Enter the amount of federal obliga ons and securi es.
Line 2 – Enter the amount of obliga ons of West Virginia and the poli cal subdivision of West Virginia.
Line 3 – Enter investment or loans primarily secured by mortgages or deeds of trust on residen al property located in
West Virginia.
Line 4 – Enter loans primarily secured by a lien or security agreement on a mobile home or doublewide located in West
Virginia.
Line 5 – Total - add lines 1 through 4
Line 6 – Enter total assets as shown on Schedule L Federal Form 1120S or Federal Form 1065.
Line 7 – Enter the amount of line 5 divided by line 6 and round to six decimal places.
Line 8 – Enter the sum of Schedule A line 4 and Schedule B line 6 and subtract the sum of Schedule B lines 7 through
10.
Line 9 – Enter the amount of line 7 mul plied by line 8.
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PTE-100 SCHEDULE C
If the number of payments reported on Schedule C exceeds 10, you must file electronically.
Column 1 – Enter the name of the en ty making the payment or issuing the withholding credit.
Column 2 – Enter the FEIN of the en ty making the payment or issuing the withholding credit.
Column 3 – Enter the date of any payments made by the en ty.
Column 4 – Enter a descrip on of the type of payment made by, or on behalf of, the en ty,
Column 5 – Enter the amount of the payment made by, or on behalf of, the en ty.
Total Line – Sum of the payments shown in Column 5. This amount must match the amount on PTE-100, line 15.
PTE-100 SCHEDULE D
If any boxes are checked in the REPORTABLE ENTITIES Sec on on page 1, then the names and FEINs of Reportable En es
must be entered on this schedule.
If the number of en es exceeds ten (10) you must file electronically.
Column 1 – Enter the name of the reportable en ty.
Column 2 – Enter the FEIN of the reportable en ty.
Column 3 – Enter the name of the reportable en ty’s parent.
Column 4 – Enter the FEIN of the parent.
Column 5 – Enter the Alpha Character designa on for the explana on of the rela onship between reportable en ty
and en ty submi ng this West Virginia Return.
A Pass through en ty you are a partner, member, or shareholder doing business in WV
B En ty you own 80% of vo ng stock
C En ty that owned more than 80% of your stock
D Disregarded en ty or QSUB
E Controlled Foreign Corpora on
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PTE-100TC
SUMMARY OF TAX CREDITS
The PTE-100TC, Summary of Tax Credits, is a form used by Pass Through En es to summarize the tax credits that are
available to pass on to their shareholders/partners so these credits can be used against their net income tax liability from
this en ty. In addi on to comple ng the PTE-100TC, each tax credit has a schedule or form that is used to determine the
amount of credit that can be distributed. Please note that some tax credit schedules require a completed applica on to
be submi ed and approved before the tax credit schedule can be filed. Both the PTE-100TC and the appropriate credit
calcula on schedule(s) or form(s) must be a ached to your return. Your shareholders/partners will need to submit the
required documenta on to claim their percentage of the available credits.
PTE-100APT
SCHEDULES A1 & A2: ALLOCATION OF NONBUSINESS INCOME FOR MULTISTATE BUSINESSES
If your business ac vi es take place both within and without West Virginia and you are also taxable in another state,
certain items of nonbusiness income that are included in federal taxable income are directly allocated. All other income
must be appor oned.
Business income arises from transac ons and ac vi es in the regular course of the corpora on’s trade or business and
includes income from tangible and intangible property if the acquisi on, management or disposi on of the property
cons tutes integral parts of the en ty’s trade or business.
Nonbusiness income includes all income that is not classified as business income, less all expenses a ributable to the
produc on of this income. Nonbusiness income is allocated to West Virginia if (1) the en ty’s commercial domicile, the
principal place from which the trade or business is managed, is located in West Virginia, or (2) property crea ng the
nonbusiness income is u lized in West Virginia. Nonbusiness income from real property is allocated if the property is
located in West Virginia. Nonbusiness income from tangible personal property is allocated to West Virginia if the
property is u lized in West Virginia or the property was located in West Virginia at the me of its sale. Nonbusiness
income from intangible personal property is allocated to West Virginia if the corpora on’s commercial domicile is located
in West Virginia or, in the case of patents and copyrights, if they are used in West Virginia.
For a detailed discussion of alloca on of nonbusiness income, you may request a copy of Publica on TSD-392,
“Corpora on Net Income Tax Nonbusiness Income” by contac ng our Taxpayer Services Division or online at
www.tax.wv.gov.
Determine nonbusiness income allocated to West Virginia and outside West Virginia by comple ng Form
PTE-100APT, Schedules A1 and A2. Only those types of nonbusiness income listed on Form PTE-100APT, Schedules A1
and A2 can be allocated. Any other type of income that the en ty classifies as nonbusiness must be appor oned.
Schedule A1, Line 9 - Enter the amount from Form PTE-100APT Schedule A1, column 3, line 9, on Form PTE-100,
Schedule A, line 8.
Schedule A2, Line 9 - Enter the amount from Form PTE-100APT Schedule A2, column 3, line 9 on Form PTE-100, Schedule
A, line 12.
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SCHEDULE B: APPORTIONMENT FORMULA
If your business ac vi es take place both within and without West Virginia and you are also taxable in another state,
all net income, a er deduc ng those items of nonbusiness income allocated on Form PTE-100APT Schedules A1 and A2,
must be appor oned to West Virginia by using the appropriate appor onment formula. Comple on of the PTE-100APT
Schedule B is required even if appor onment is zero.
Special appor onment formulas apply to motor carriers and to financial organiza ons. If you are filing for a motor
carrier, follow the appor onment instruc ons for Form PTE-100APT, Schedule B, Part 2. If you are filing for a financial
organiza on, follow the appor onment instruc ons for Form PTE-100APT, Schedule B, Part 3.
MULTISTATE S CORPORATIONS/PARTNERSHIPS – APPORTIONMENT FORMULA
PART 1 – REGULAR ENTITIES
To determine your West Virginia appor onment percentage, first determine the following factors:
SALES FACTOR.
The term “sales” means all gross receipts of the taxpayer that are business income. Thus, the sales factor includes all
gross receipts derived from transac ons and ac vity in the regular course of your trade or business, less returns and
allowances. Do not include interest or dividends from obliga ons of the United States government, which are exempt
from taxa on in West Virginia, or gross receipts from an ac vity that produced nonbusiness income that you allocated in
Form PTE-100APT, Schedules A1 and A2.
The numerator (column 1) of the sales factor includes all gross receipts a ributable to West Virginia and derived from
transac ons and ac vity in the regular course of your trade or business. All interest income, service charges or
me-price differen al charges incidental to such gross receipts must be included regardless of the place where
the accoun ng records are maintained or the loca on of the contract or other evidence of indebtedness.
The denominator (column 2) of the sales factor includes all gross receipts derived from transac ons and ac vity in the
regular course of your trade or business that was reflected in your gross income reported and as appearing on
your federal income tax return unless otherwise excluded. Sales of tangible personal property delivered or
shipped to a purchaser within a state in which you are not taxed (e.g. under Public Law 86-272) are no
longer to be excluded from the denominator.
Divide column 1 by column 2 and enter the result in column 3. State the result as a decimal frac on and round to six (6)
places a er the decimal. Enter the six (6) digit decimal frac on from column 3 on PTE-100, Schedule A, line 10.
MOTOR CARRIERS – SPECIAL SINGLE FACTOR FORMULA
PART 2 – VEHICLE MILES.
Motor carriers of property or passengers are subject to special appor onment rules. Motor carriers must appor on
their business income by using a single factor formula of vehicle miles.
A motor carrier is any person engaged in the transporta on of passengers and/or property for compensa on by a motor
propelled vehicle over roads in West Virginia, whether on a scheduled route or otherwise. The term “vehicle miles”
means the opera ons of a motor carrier over a distance of one mile.
The special appor onment formula for motor carriers does NOT apply if:
● (A) The motor carrier neither owns nor rents any real or tangible personal property located in West Virginia,
has made no pickups or deliveries within West Virginia, and has traveled less than 50,000 miles in West
Virginia during the taxable year; or
● (B) The motor carrier neither owns nor rents any tangible personal property located in West Virginia except
vehicles and makes no more than 12 trips into or through West Virginia during the taxable year.
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 Enlarge image | Under either (A) or (B), the mileage traveled in West Virginia may not be more than five percent (.05) of the total vehicle miles traveled in all states during the taxable year. Determine the appor onment factor by entering the appropriate vehicle miles for West Virginia in column 1, and vehicle miles everywhere in column 2. Divide column 1 by column 2 and enter the result in column 3. State the result as a decimal frac on and round to six (6) places a er the decimal. Enter the six (6) digit decimal frac on from column 3 on PTE-100, Schedule A, line 10. FINANCIAL ORGANIZATIONS – SPECIAL SINGLE FACTOR FORMULA PART 3 – GROSS RECEIPTS. Financial organiza ons subject to appor onment must appor on their business income by using a single factor gross receipts formula. A financial organiza on is any holding company or regulated financial corpora on or subsidiary thereof, or any corpora on deriving more than fi y percent (.5) of its gross receipts from one or more of the following: 1. Making, acquiring, selling, or servicing loans or extensions of credit. 2. Leasing or ac ng as an agent, broker, or advisor in connec on with leasing real and personal property that is the economic equivalent of an extension of credit. 3. Opera ng a credit card business. 4. Rendering estate or trust services. 5. Receiving, maintaining, or otherwise handling deposits. 6. Engaging in any other ac vity with an economic effect comparable to any of the above. Financial organiza ons regularly engaging in business in West Virginia shall appor on their business income by means of a single factor of gross receipts appor onment formula. A financial organiza on not having its commercial domicile in West Virginia is presumed to be regularly engaging in business in West Virginia if during any year it obtains or solicits business with 20 or more persons within West Virginia, or the sum of its gross receipts a ributable to sources in West Virginia equals or exceeds $100,000.00. Gross receipts from the following ownership interest (and certain related ac vi es) will not be considered in determining whether a financial organiza on is subject to taxa on. 1. An interest in a real estate mortgage investment conduit, a real estate investment, or a regulated investment company; 2. An interest in a loan backed security represen ng ownership or par cipa on in a pool of promissory notes or cer ficates or interest that provide for payments in rela on to payments or reasonable projec ons of payments on the notes or cer ficates; 3. An interest in a loan or other asset from which the interest is a ributed to a consumer loan, a commercial loan or a secured commercial loan, and in which the payment obliga ons were solicited and entered into by a person that is independent and not ac ng on behalf of the owner; or an interest in the right to service or collect income from such a loan or asset; or 4. An amount held in an escrow or trust account with respect to property described above. However, if a financial organiza on is subject to taxa on when gross receipts from these interests are not considered, such receipts must then be included when determining the amount of taxes owed. PETITIONING FOR AN ALTERNATIVE METHOD OF APPORTIONMENT To use an alternate method of alloca on and appor onment, you must pe on the Tax Commissioner to use some other basis to determine your taxable net income. Your pe on for an alternate method must be filed by no later than the normal due date of your return . You must receive wri en permission to use an alternate appor onment method before filing your return. Permission will only be granted if you can show that the statutory formula does not properly reflect your taxable income, and if the alternate method properly and fairly shows your West Virginia taxable income. PAGE 19 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
 Enlarge image | Your pe on should include your name and address; state of incorpora on, and principal place of business; descrip on of the kind(s) of business in which you are engaged; detailed statement of how sales are made in West Virginia; computa on of your West Virginia taxable income using the statutory appor onment formula and using your proposed alternate formula; and a summary of the facts that support your posi on. Send your pe on to: West Virginia State Tax Department Tax Account Administra on Division Corporate Tax Unit P.O. Box 1202 Charleston, WV 25324-1202 PAGE 20 2022 PTE-100 INCOME TAX FOR PASS THROUGH ENTITIES INSTRUCTIONS |
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K-1
INSTRUCTIONS
GENERAL
The partners, members, or shareholders of any Pass Through En ty are liable for tax on their share of the income,
whether or not distributed, and must include their share on the individual income tax return.
West Virginia Schedule K-1 provides a repor ng mechanism for a pass through en ty to report the distribu ve share of
gains, losses, modifica ons and credits of owners (i.e. partners, shareholders, members, etc.)
Addi onally, it is the repor ng mechanism for any withholding required to be performed on Non-Resident owners.
This form should be used for any owner that is not a “C” Corpora on. The Schedule K-1C should be used for any owner
that is a “C” Corpora on.
“FROM SP” CHECKED - INFORMATION ONLY K-1
When the en ty listed in “Organiza on Name” submits the K-1 for informa on purposes, the en ty must check the
“From SP” box and include the “PARTNER/SHAREHOLDER/MEMBER/BENEFICIARY” on Schedule SP.
WITHHOLDING
This sec on includes informa on concerning the en ty repor ng the informa on (including the name, address,
iden fica on number and type), informa on concerning the owner to which this informa on statement relates
(including the name, address, and iden fica on number) and a withholding statement.
Line 1 – This sec on should include the distribu ve share of income for a Non-Resident owner.
Line 2 – This sec on should include the amount withheld for the Non-Resident owner.
Percentage of ownership - Enter the percentage of ownership as a decimal. For example, 100% ownership should be
wri en as 1.000000.
DISTRIBUTIVE SHARE
This sec on includes the owner’s distribu ve share of items of gain, loss, modifica on and credit applicable to the owner.
Line 1 – This sec on should include the distribu ve share of income for a resident owner regardless of source.
Lines 2 through 10 : These lines reflect the distribu ve share of modifica ons available to the owner reported on the
en ty’s Schedule B.
Lines 11 through 25: These lines reflect the distribu ve share of tax credits available to the owner reported on the
en es Schedule PTE-100TC.
Report by Owners – The WV Schedule K-1 should be provided to all owners that are not “C” Corpora ons. All such
owners must file a WV tax return that includes all WV Schedule K-1’s provided to the owner. Include your share of the
partnership’s income or (loss), credits, deduc ons, etc., as shown by your Schedule K-1 on your West Virginia income tax
return for the year in which the tax year of the en ty ends.
SPECIAL RULE FOR PASS THROUGH ENTITIES:
Pass through en ty owners of pass through en es should allocate income received from a Pass Through En ty unless
such en es are engaged in a unitary business. If a unitary rela onship exists, a Pass Through En ty owner of a pass
through en ty may reappor on its WV income, including the appropriate factors of the subsidiary.
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K-1C
INSTRUCTIONS
GENERAL
The partners, members, or shareholders of any pass through en ty are liable for tax on their share of the income,
whether or not distributed, and must include their share on their corpora on income tax return.
West Virginia Schedule K-1C provides a repor ng mechanism for a pass through en ty to report the distribu ve share of
gains, losses, modifica ons and credits of owners that are treated as “C” Corpora ons and are thereby subject to the WV
income tax. The Schedule K-1 should be used for any owner that is not a “C” Corpora on (including individuals,
partnerships, LLC’s, and “S” Corpora ons).
“FROM SP” CHECKED - INFORMATION ONLY K-1C
When the en ty listed in “Organiza on Name” submits the K-1C for informa on purposes, the en ty must check the
“From SP” box and include the “PARTNER/SHAREHOLDER/MEMBER/BENEFICIARY” on Schedule SP.
WITHHOLDING
This sec on includes informa on concerning the en ty repor ng the informa on (including the name, address,
iden fica on number and type), informa on concerning the owner to which this informa on statement relates
(including the name, address, and iden fica on number) and a withholding statement.
Line 1 – This sec on should include the distribu ve share of income for a Non-Resident owner.
Line 2 – This sec on should include the amount withheld for the Non-Resident owner.
Percentage of ownership - Enter the percentage of ownership as a decimal. For example, 100% ownership should be
wri en as 1.000000.
DISTRIBUTIVE SHARE
This sec on includes the owner’s distribu ve share of items of gain, loss, modifica on and credit applicable to the owner.
Line 1 – This sec on should include the distribu ve share of income for an owner.
Lines 2 through 15: These lines reflect the distribu ve share of modifica ons available to the owner reported on the
en ty’s Schedule B. Report Line 15 on CIT-120 Schedule B, Line 23
Lines 16 through 33: These lines reflect the distribu ve share of tax credits available to the owner reported on the
en ty’s Schedule CIT-120TC.
Report by Owners – The WV Schedule K-1C should be filed with the corpora on net income tax return of the corporate
owner of a Pass Through en ty. All income reported on the K-1C should be income applicable to WV.
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NRW-2
INSTRUCTIONS
S-Corpora ons and Partnerships do not need to complete a WV NRW-2 if the required WV K-1 or WV K-1C has been
completed.
WHO MUST FILE
Every partnership, S-corpora on, estate or trust (“organiza on”) deriving income or gain from West Virginia sources must
complete a WV/NRW-2, provided a WV K-1 or K-1C has not been completed, for each NONRESIDENT partner,
shareholder, or beneficiary, (“Non-Resident Distributee”).
GENERAL
The WV NRW-2 provides a repor ng mechanism for a partnership, S-Corpora on, estate or trust (“organiza on”) to
report the distribu ve share of gains and losses of NONRESIDENT owners or distributees (i.e. partners, shareholders,
members, beneficiary, etc. who’s commercial domicile is located outside West Virginia). The Non-Resident Distributees
are liable for tax on their share of the income, whether distributed or not, and must include their share on their income
tax return. Form WV NRW-2 and remi ance must accompany the organiza on's West Virginia income tax return when it
is filed. This form may be copied or a facsimile made and distributed as follows:
(1) one copy to be a ached to the organiza on’s West Virginia tax return
(2) one copy for the en ty’s records
(3) two copies must be furnished to each Non-Resident Distributee from whom West Virginia income tax is
withheld.
“FROM SP” CHECKED - INFORMATION ONLY NRW-2
When the en ty listed in “Organiza on Name” submits the NRW-2 for informa on purposes, the en ty must check the
“From SP” box and include the “Non-Resident's Name” on Schedule SP. On copies furnished to each Non-Resident
Distributee the “From SP” box should not be checked.
WITHHOLDING
This page includes informa on concerning the en ty repor ng the informa on (including the name, address,
iden fica on number and type), informa on concerning the owner to which this informa on statement relates
(including the name, address, and iden fica on number) and a withholding statement.
TAXABLE YEARS
If the Non-Resident Distributee’s taxable year is the same as the taxable year of the Organiza on, the Distributee is
required to report the income and claim withholding on the annual West Virginia income tax return for that taxable year.
If the taxable years are different, the Distributee reports the income and claims withholding tax credit on the annual
West Virginia income tax return filed for the taxable year during which the Organiza on’s taxable year ended. A copy of
this form must be a ached to the annual return.
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