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WEST VIRGINIA INCOME TAX WITHHOLDING FOR NONRESIDENTS
Use Form WV/PTE-100ES, West Virginia Estimated Income Tax Payment for S-Corporations and
Partnerships, to report all withholding tax payments associated with a West Virginia S-Corporation or
Partnership Tax Return.
West Virginia tax law {W.Va. Code §11-21-7(a)} requires S-Corporations and Partnerships to pay
withholding tax on West Virginia source income on behalf of their nonresident shareholders/nonresident
partners. If the nonresident shareholder/nonresident partner elects to have no West Virginia income tax
withheld by the S-Corp/Partnership, they must complete a Form WV/NRW-4, WV Nonresident Income
Tax Agreement. The S-Corp/Partnership must submit a copy of the signed WV/NRW-4 with their
PTE-100 tax returns.
• All S-Corps/Partnerships must complete a Schedule SP, Summary of K-1 Shareholder/Partners
Ownership and Computation of Withholding Tax, and submit it with Form PTE-100. This schedule
will identify all shareholders/partners, including those who elect to be part of an IT-140NRC, WV
Nonresident Composite Tax Return, as well as those who elect to file IT-140, West Virginia Personal
Income Tax Return, as a nonresident.
• Nonresident shareholders/partners of an S-Corporation or Partnership may elect to be included in a
Nonresident Composite Tax Return. The S-Corp/Partnership will report the withholdings on Form
IT-140NRC, West Virginia Nonresident Composite Return.
• Nonresident shareholders/partners may elect to file a WV IT-140, West Virginia Personal Income Tax
Return, as a nonresident. For these shareholders/partners, The S-Corporation or Partnership is required
to issue a WV/NRW-2 showing the amount of withholding paid on their behalf. The nonresident
shareholder/partner will report the withholding on their IT-140 tax return.
For tax years beginning on or after January 1, 2008 the withholding tax rate is 6.5%.
DO NOT DUPLICATE THESE FORMS
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