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WEST VIRGINIA NONRESIDENT INCOME TAX AGREEMENT
INSTRUCTIONS
Who May File: Any nonresident individual, corporation, or partnership who has West Virginia source income derived from a
partnership, S Corporation, estate, trust, or limited liability company (“organization”) who desires to not have West Virginia
income tax withheld by that organization as provided in West Virginia Code § 11-21-71a, must complete a West Virginia
Nonresident Income Tax Agreement (Form WV/NRW-4) and timely fi le it with the organization. A corporation is a nonresident
if its commercial domicile is located in another state.
When and Where to File: This form must be completed and ledfi with the organization on or before the last day of the
organization’s taxable year. If the distributee receives West Virginia source income from more than one such organization,
a separate form WV/NRW-4 must be filed with each organization in order to avoid withholding by that organization. The
organization may copy this form or use a facsimile to distribute as follows: (1) one copy to be lefiwith the organization’s
West Virginia income tax return, (2) one copy to be retained by the pass-through entity, and (3) one copy of the nonresident
distributee.
West Virginia Income Tax Withholding for Nonresidents: Every Organization distributing West Virginia source income to
a nonresident distributee is required to withhold West Virginia income tax on the amount thereof distributed to Nonresident
Distributee unless the nonresident distributree tile files this form the tax return lefifor the taxable year of its receipt. The
withholding tax rate is 6.5% of distributions of West Virginia source income (whether actual or deemed distributions). The
amount of tax withheld and remitted by the organization is allowed as a credit against the distributee’s West Virginia income
tax liability for that taxable year.
Nonresident Agreement: Once this agreement is executed, it must be fi led with the organization to avoid having withholding
tax deducted from further distributions (actual or deemed). This agreement fi rst applies to the taxable year of the organization
during which the organization receives a properly executed agreement from the nonresident distributee.
Duration of Agreement: Once this agreement is filed with the organization, it remains in e ectff until it is revoked by the
nonresident distributee, or by the Tax Commissioner.
Revocation:
1. A nonresident distributee may revoke this agreement by completing this form and lingfi it with the organization
through which it receives source income. Revocation applies prospectively, meaning that it first applies to taxable years of
the organization which begin after revocation is filed with that organization.
2. The Tax Commissioner may revoke this agreement if the nonresident distributee fails to fi le a West Virginia income
tax return (IT-140, PTE-100, or CIT-120) for more than 60 days after the due date of the return (determined by including any
authorized extensions(s) of time for filing such return, or to timely pay West Virginia income tax for any taxable year covered
by this agreement.
Form NRW-4 West Virginia State Tax Department Page 2
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