Free Wv Nrw 4 Form in PDF

Free Wv Nrw 4 Form in PDF

The WV/NRW-4 form, known as the West Virginia Nonresident Income Tax Agreement, is a document designed for nonresidents who earn income from a West Virginia source through entities like partnerships, S corporations, estates, trusts, or limited liability companies. It allows these individuals or C corporations to avoid having West Virginia income tax withheld by these entities, provided the form is correctly filled out and timely filed with the organization from which they receive income. Click the button below to learn more about how to fill out this form accurately.

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In navigating the complexities of tax regulations for nonresidents with income sources in West Virginia, the WV/NRW-4 form serves as a cornerstone document. This form, officially titled the West Virginia Nonresident Income Tax Agreement, exemplifies a legal pathway for nonresidents to manage their state income tax obligations efficiently. Designed for individuals or entities deriving income from partnerships, S corporations, estates, trusts, or limited liability companies within West Virginia, this form enables them to opt-out of having income tax withheld by the source organization. The specifics detailed within the form cover a range of important elements, from organization and nonresident identification to declarations and revocation notices. By submitting this form, nonresidents agree to file West Virginia Income Tax Returns and pay any due taxes, embedding a commitment to abide by state tax laws while potentially navigating the fiscal landscape more advantageously. Moreover, the document outlines the procedure for revoking the agreement, conditions under which the West Virginia Tax Commissioner can terminate the agreement, and the critical importance of filing this document in a timely manner to avoid the mandatory withholding tax. This nuanced procedure underscores the emphasis on compliance, responsibility, and awareness of tax obligations for nonresidents earning in West Virginia, making the WV/NRW-4 form a vital tool in the arsenal of financial planning and tax management.

Preview - Wv Nrw 4 Form

 

 

WV/NRW-4

West Virginia Nonresident Income Tax Agreement

 

 

REV 08-10 B

Read Instructions on Reverse Side

 

 

 

 

 

 

 

 

 

 

 

 

 

Part I:

 

 

 

 

 

 

 

 

ORGANIZATION NAME AND MAILING ADDRESS

NONRESIDENT NAME AND MAILING ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name (please type or print)

 

 

 

Name

(please type or print)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Post Office or Street Address

 

 

 

 

 

 

 

 

 

 

 

Post Office or Street Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City/Town

 

 

State

Zip Code

City/Town

 

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

West Virginia Identification Number

 

Federal Identification Number

 

 

Social Security Number

Spouse's Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

or Federal Identification Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Organization: (check only one)

 

 

 

 

 

 

 

Type of Nonresident:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Partnership

 

 

S Corporation

 

Estate

 

 

 

Individual

 

Corporation

 

Partnership

 

 

 

 

 

 

 

 

Trust

 

 

Limited Liability Company

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nonresident's Taxable Year:

 

 

 

 

 

 

 

 

 

 

Taxable Year of Organization:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Calendar Year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Calendar Year

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Year Ending

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Year Ending

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State of Commercial Domicile:

 

 

 

 

 

 

 

 

 

 

 

 

 

State of Residence or Commercial Domicile:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Internal Revenue Service Center Where Organization's Federal Return

 

Internal Revenue Service Center Where Nonresident's Federal Return

is Filed:

 

 

 

 

 

 

 

 

 

 

 

 

Is Filed:

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

 

 

 

 

 

 

City

 

 

 

 

 

 

State

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Part II:

I declare that the above-named Distributee is a nonresident of West Virginia and that the nonresident Distributee hereby agrees to timely file West Virginia Income Tax Returns (Form IT-140 or WV/CNF-120) and pay any income tax due; that the Distributee will include in that return the portion of the above-named Organization’s West Virginia income or gain attributable to the nonresident Distributee’s interest in such Organization for the taxable year of the Distributee during which this Form is filed with the Organization and for each succeeding taxable year for which the Distributee receives actual or deemed distributions of West Virginia source income or gain; and that this Agreement remains in effect until it is revoked by either the Distributee or the Tax Commissioner.

SIGN

HERE

 

 

(Signature of Nonresident Partner, Shareholder, or Beneficiary, or of Authorized Corporate Officer)

 

 

 

 

 

 

 

 

 

 

(Print Name Signed Above)

 

 

 

 

 

 

 

 

 

 

(Mailing Address if Different from Above)

(Date)

 

 

 

 

 

 

 

 

 

Part III:

NOTICE OF REVOCATION OF NONRESIDENT INCOME TAX AGREEMENT

 

 

WARNING: COMPLETE ONLY IF REVOKING AGREEMENT

Notice is hereby given that the West Virginia Nonresident Income Tax Agreement (Form WV/NRW-4) previously executed by or on behalf of the above- named Nonresident is revoked for taxable years of the above-named Organization (Pass-through entity) that begins after today's date.

SIGN

HERE

(Signature of Nonresident Partner, Shareholder, or Beneficiary, or of Authorized Corporate Officer)

(Print Name Signed Above)

(Mailing Address if Different from Above)

(Date)

-16-

WEST VIRGINIA NONRESIDENT INCOME TAX AGREEMENT

INSTRUCTIONS

Who May File: Any Nonresident individual or C corporation 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 W.Va. Code § 11-21-71a, must complete a West Virginia Nonresident Income Tax Agreement (Form WV/NRW-4) and timely file 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 filed 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 filed with the Organization's West Virginia income tax return, (2) one copy to be retained by the pass-through entity, and (3) one copy for 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 Distributee timely files this Form with the Organization and the Organization attaches a copy of it to its West Virginia income tax return filed for 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 filed with the Organization to avoid having withholding tax deducted from further distributions (actual or deemed). This agreement first 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 effect 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 filing it with the Organization through which it receives West Virginia 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 file a West Virginia income tax return (IT-140, WV/SPF-100 or WV/CNF-120) for more than 60 days after the due date of the return (determined by including any authorized extension(s) of time for filing such return, or to timely pay West Virginia income tax for any taxable year covered by this agreement).

-17-

Document Specs

Fact Number Description
1 The WV/NRW-4 form is a Nonresident Income Tax Agreement specific to West Virginia.
2 This form is required for nonresident individuals or C corporations with income from West Virginia sources derived from a partnership, S corporation, estate, trust, or limited liability company.
3 The form allows nonresidents to agree to file West Virginia income tax returns and pay any due taxes on income or gains attributable to their interest in the organization, thus avoiding withholding.
4 Form WV/NRW-4 must be filed with the relevant organization on or before the last day of the organization’s taxable year to be effective.
5 Governing law for this form and process is detailed in West Virginia Code § 11-21-71a.
6 The agreement stated in the form remains in effect until it is revoked either by the nonresident distributee or the Tax Commissioner.
7 Revocation of the WV/NRW-4 agreement by the nonresident distributee applies prospectively, meaning it affects only the taxable years of the organization that begin after the revocation is filed.

Instructions on Writing Wv Nrw 4

Filling out the WV/NRW-4 form is essential for nonresident individuals and C corporations with West Virginia source income wishing to avoid withholding tax by an organization. The process requires attention to detail across the form's three parts: Organization and Nonresident Information, Nonresident Declaration, and Notice of Revocation. By carefully completing each section, nonresidents can ensure their agreement to file West Virginia income tax returns directly and escape the default withholding tax that would otherwise be applied.

  1. Start with Part I: Enter the organization's name and contact information in the provided fields, including the "Name," "Post Office or Street Address," "City/Town," "State," and "Zip Code." Also, fill in the "West Virginia Identification Number" and "Federal Identification Number."
  2. In the same section, input the nonresident's details, including "Name," "Post Office or Street Address," "City/Town," "State," and "Zip Code." Remember to enter the "Social Security Number" and, if applicable, the "Spouse's Social Security Number or Federal Identification Number."
  3. Select the "Type of Organization" by checking the appropriate box that represents the entity type, such as Partnership, S Corporation, Estate, etc.
  4. Similarly, indicate the "Type of Nonresident" by checking the right category, like Individual, Partnership, or Corporation.
  5. Fill in the "Nonresident's Taxable Year" and "Taxable Year of Organization," specifying whether it follows the Calendar Year or a Fiscal Year Ending on a specific date.
  6. Provide the states of "Commercial Domicile" for both the organization and the nonresident.
  7. List the "Internal Revenue Service Center Where Organization's Federal Return is Filed" and the same for the nonresident's Federal return, including city and state.
  8. Move to Part II, where the nonresident partner, shareholder, or beneficiary—or an authorized corporate officer—must sign the form. Include the printed name, mailing address (if different from above), and the date next to the signature.
  9. Only complete Part III, "NOTICE OF REVOCATION OF NONRESIDENT INCOME TAX AGREEMENT," if revoking a previously executed agreement. It requires the signature, printed name, and date from the nonresident or authorized corporate officer, similar to Part II.

After thoroughly checking the entered details for accuracy, the completed WV/NRW-4 form should be filed with the organization by the last day of the organization's taxable year. Make sure to obtain copies for your records, as one is to be attached to the organization's West Virginia income tax return, one retained by the pass-through entity, and another kept by the nonresident. This step finalizes the process and establishes the agreement to file West Virginia income tax returns without the default withholding tax, offering a streamlined approach to tax compliance for nonresidents with West Virginia source income.

Understanding Wv Nrw 4

What is the WV/NRW-4 form?

The WV/NRW-4, or West Virginia Nonresident Income Tax Agreement, is a document that nonresident individuals or C corporations complete if they have West Virginia source income from an organization like a partnership, S corporation, trust, or LLC. It allows them to not have West Virginia income tax withheld by that organization, provided conditions are met and the form is timely filed with the organization.

Who needs to file the WV/NRW-4 form?

Any nonresident individual or C corporation that receives income from West Virginia sources through a partnership, S corporation, estate, trust, or limited liability company must file the WV/NRW-4 form. A corporation is considered a nonresident if its commercial domicile is located outside West Virginia.

When should the WV/NRW-4 form be filed?

This form must be completed and submitted to the organization distributing West Virginia sourced income on or before the last day of the organization's taxable year. If receiving income from more than one such organization, a separate WV/NRW-4 must be filed with each organization to avoid withholding.

What are the consequences of not filing the WV/NRW-4 form?

If a nonresident distributee does not timely file the WV/NRW-4 form with the organization, the organization is required to withhold West Virginia income tax from distributions of West Virginia source income at a rate of 6.5%. This withholding tax serves as a credit against the distributee’s West Virginia income tax liability for that taxable year.

Can the WV/NRW-4 agreement be revoked?

Yes, the nonresident distributee can revoke the agreement by completing and filing the WV/NRW-4 form with the organization for future taxable years. The Tax Commissioner can also revoke the agreement if the distributee fails to file a West Virginia income tax return or timely pay West Virginia income tax for any year covered by the agreement.

How long does the WV/NRW-4 agreement last?

Once filed with the organization, the agreement remains in effect until it is revoked either by the nonresident distributee or by the Tax Commissioner. Revocation by the distributee applies prospectively, beginning with taxable years that start after the revocation is filed.

Where can I find more instructions for completing the WV/NRW-4 form?

Instructions for completing the WV/NRW-4 form are found on the reverse side of the form itself. These instructions offer detailed guidance on filling out the form properly and understanding the obligations of nonresident individuals or corporations under West Virginia tax law.

Common mistakes

Filling out the WV/NRW-4 form can be a straightforward process, but it's common for errors to occur if due diligence isn't applied. One of the first mistakes people make is not thoroughly checking the organization and nonresident name and mailing address sections for accuracy. Indeed, even minor discrepancies in names or addresses can lead to processing delays or misdirected correspondence. It's essential to type or print clearly, ensuring that the information matches official documents.

Another frequent oversight is failing to include or incorrectly providing identification numbers, such as the West Virginia Identification Number, Federal Identification Number, and Social Security Numbers. These numbers are crucial for identification purposes and ensuring that the tax agreement is accurately linked to the right entities. It's particularly important not to overlook the spouse's Social Security Number or Federal Identification Number if applicable, as this could affect the processing of the agreement.

Additionally, the type of organization and the type of nonresident must be accurately checked. This section is often rushed, leading to the selection of incorrect types, which can significantly impact the validity of the agreement. The form differentiates between entities such as partnerships, S Corporations, and limited liability companies, and similarly for the type of nonresident. The right choice is essential for the agreement to be correctly applied to the nonresident's tax situation.

Individuals often stumble when indicating the taxable year of the organization and nonresident. This detail is critical for tying the agreement to the correct fiscal periods. A common mistake is not specifying whether the taxable year is based on the calendar year or a fiscal year ending on a different date. This precision is necessary to ensure that the agreement applies to the intended taxable periods for both the organization and the nonresident.

Signing the form without a thorough review is perhaps the most critical mistake. The declaration in Part II requires careful attention, as it binds the nonresident to file West Virginia Income Tax Returns and pay any due income tax timely. Skipping or incorrectly filling this section can lead to legal and financial repercussions. Additionally, ensuring that the signature, printed name, and mailing address (if different from above) are correctly provided is crucial for the validity of the form.

Documents used along the form

When dealing with tax matters, particularly those involving nonresident income agreements like the WV/NRW-4 form, several additional documents and forms often come into play. These documents are essential for a comprehensive approach to managing tax obligations and ensuring compliance with both state and federal regulations. Let's explore some of these key documents:

  • Form IT-140: This is the West Virginia Personal Income Tax Return for residents. Nonresidents who have earned income in West Virginia need to report this income, and Form IT-140 is required if they have other sources of income in the state that need to be declared.
  • Form WV/CNF-120: This form serves as the West Virginia Corporate Net Income Tax Return. It is relevant for nonresident entities operating as corporations, to report and pay income taxes on earnings from West Virginia sources.
  • Form WV/SPF-100: Known as the Special Nonresident Income Tax Return, this form is specifically designed for nonresidents who need to report certain types of income from West Virginia sources.
  • Form 1099: The IRS uses this form series to report various types of income other than wages, salaries, and tips. It's crucial for nonresidents who receive any form of income from West Virginia sources, as it helps document their earnings for tax purposes.
  • Schedule K-1 (Form 1065): This schedule is used by partnerships to report the shareholders' distributive share of income. Nonresidents who are part of a partnership with income in West Virginia will need this form to report their share of the income on their personal tax return.
  • Form W-8BEN: This form is used by foreign individuals to certify their non-U.S. status and to claim any tax treaty benefits, including exemptions from withholding on income. While not directly related to state tax, it often plays a role in the broader context of nonresident tax issues.
  • Form W-9: Request for Taxpayer Identification Number and Certification, is needed when a nonresident must provide a Social Security Number (SSN), Employer Identification Number (EIN), or Individual Taxpayer Identification Number (ITIN) to entities that will pay them income.
  • Form SS-4: This IRS form is used to apply for an Employer Identification Number (EIN). Nonresident entities that operate businesses or have employees in West Virginia might need an EIN for tax purposes.
  • Power of Attorney and Declaration of Representative (Form WV-2848): This form allows a nonresident to authorize another person to represent them before the West Virginia State Tax Department, which could be necessary for addressing any disputes or questions about tax filings.
  • Notice of Change of Address (Form WV/CNT-105): It is crucial for nonresidents to keep their mailing address up to date with the West Virginia State Tax Department to ensure they receive any tax correspondence, including notifications related to the WV/NRW-4 form.

Together, these forms and documents encompass a broad spectrum of reporting requirements and procedural needs facing nonresidents engaged in financial activities within West Virginia. It's vital for nonresidents to be familiar with these additional documents when filing the WV/NRW-4 form to ensure comprehensive compliance and to accurately fulfill their tax responsibilities.

Similar forms

The Form W-9, "Request for Taxpayer Identification Number and Certification," is analogous to the WV/NRW-4 in its role of facilitating tax-related identification and compliance. Both forms collect taxpayer information, including identification numbers and certification of status, to ensure proper reporting and withholding of taxes. The WV/NRW-4 form focuses on nonresident income tax agreements in West Virginia, while the Form W-9 is used more broadly to provide a taxpayer identification number to entities that are required to file information returns with the IRS. Each form serves as a declaration of tax status, aiding in the accurate administration of tax liabilities and withholdings.

Another document sharing similarities with the WV/NRW-4 is the Form I-9, "Employment Eligibility Verification." Although the I-9 is primarily used for verifying an individual's eligibility to work in the United States, it shares the WV/NRW-4's requirement for personal identification and verification. Both documents are vital for compliance with federal and state regulations, requiring accurate and timely submission. Where the WV/NRW-4 ensures compliance with state tax laws for nonresidents, the I-9 ensures compliance with federal employment laws, underlining the importance of proper documentation in regulatory adherence.

The Form 1040NR, "U.S. Nonresident Alien Income Tax Return," is closely related to the WV/NRW-4 regarding its target audience and purpose. The 1040NR is designed for nonresident aliens to file income tax returns in the United States, similar to how the WV/NRW-4 is used by nonresidents to agree to report and pay taxes on income earned in West Virginia. Both forms deal with the complexities of taxation for individuals who earn income across jurisdictional boundaries, ensuring that nonresidents meet their tax obligations in a specific locale or the broader U.S. context.

The Form W-8BEN, "Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding," also parallels the WV/NRW-4 in intent. This form is used by foreign individuals to assert their status and claim any applicable tax treaty benefits for withholding purposes. Like the WV/NRW-4, it plays a crucial role in determining the correct amount of taxes to withhold and to ensure compliance with tax laws. Both forms address the intricacies of taxation when individuals or entities have cross-border incomes or financial activities, streamlining the tax reporting and withholding process.

Lastly, the Schedule K-1 (Form 1065), "Partner's Share of Income, Deductions, Credits, etc.," shares attributes with the WV/NRW-4 in its implication for nonresident partners of a partnership. The Schedule K-1 is utilized by partnerships to report each partner's share of the business's income, deductions, and credits. Similarly, the WV/NRW-4 form is concerned with the income nonresident partners earn from businesses in West Virginia. Both documents are integral in ensuring that individuals report their income accurately and pay any resulting taxes, highlighting the necessity of clear and precise financial reporting in the tax domain.

Dos and Don'ts

When dealing with the West Virginia Nonresident Income Tax Agreement, also known as Form WV/NRW-4, individuals and entities find themselves navigating complex tax regulations designed to streamline the process of income reporting for nonresidents. To ensure compliance and avoid potential pitfalls, here is a comprehensive guide outlining what should and shouldn't be done when filling out this form.

  • Do ensure that all information is accurate and legible. Incorrect or unreadable information can lead to processing delays or errors in your tax obligations.
  • Don't forget to check the appropriate box for your type of organization or nonresident status. This classification impacts how your income is assessed and processed.
  • Do verify your West Virginia Identification Number, Federal Identification Number, and Social Security Number before submitting the form. These numbers are crucial for identifying your tax accounts.
  • Don't delay in filing the form with the appropriate organization before the deadline. Late submissions may result in the unnecessary withholding of West Virginia income tax.
  • Do include all relevant addresses, ensuring that any communication or documentation can be correctly directed to you or your organization.
  • Don't overlook the signature and date sections. An unsigned form is considered incomplete and will not be processed.
  • Do attach a copy of the completed form to the organization's West Virginia income tax return if you are responsible for this task. This step is critical for fulfilling documentation requirements.
  • Don't assume the agreement remains in effect without confirmation. Keep abreast of any notifications from the Tax Commissioner or possible changes to the agreement's status, especially concerning revocation.

By attentively following these guidelines, taxpayers can navigate the complexities of the WV/NRW-4 form more confidently, ensuring compliance with West Virginia's income tax regulations for nonresidents. The importance of precision and timely filing cannot be overstated in maintaining an accurate and lawful tax status.

Misconceptions

There are several common misconceptions about the West Virginia Nonresident Income Tax Agreement, Form WV/NRW-4, that deserve clarification:

  1. It's not necessary for every nonresident with West Virginia source income to file a WV/NRW-4 form. Incorrect: Any nonresident individual or C corporation deriving income from a West Virginia organization and wishing to avoid state income tax withholding must complete this form and submit it timely to the appropriate organization.

  2. The form is only for individuals. False: The WV/NRW-4 is applicable to both nonresident individuals and C corporations that have West Virginia source income from a partnership, S corporation, estate, trust, or limited liability company.

  3. Once filed, the agreement is permanent. This is a misconception: The agreement remains effective until it is revoked by either the nonresident distributee or the Tax Commissioner.

  4. Filing the WV/NRW-4 form is a complex process. Misunderstood: While the form requires attention to detail, following the step-by-step instructions on the reverse side simplifies the process.

  5. The form can only be filed by mail. Not accurate: While the instructions do not specify electronic filing, organizations are permitted to use a facsimile of the form for distribution, suggesting multiple ways to submit the form beyond traditional mail.

  6. There's no deadline for filing the form. Incorrect: The form must be filed with the organization on or before the last day of the organization’s taxable year.

  7. A single form suffices for incomes from multiple organizations. False: A separate WV/NRW-4 must be filed with each organization from which the nonresident receives West Virginia source income, to avoid withholding by each organization.

  8. Revoking the agreement is an irreversible action. Misconception: A nonresident distributee can revoke this agreement, with the revocation applying prospectively to taxable years of the organization which begin after the revocation is filed.

  9. Only the nonresident distributee can revoke the agreement. Incorrect: The Tax Commissioner also holds the authority to revoke the agreement under specific conditions, such as failure to file a return or pay taxes due.

  10. The withholding tax rate is optional or negotiable. False: The withholding tax rate is set at 6.5% of distributions of West Virginia source income (whether actual or deemed distributions) and is not open to negotiation.

Understanding these misconceptions can help nonresidents and organizations manage West Virginia source income more effectively and comply with state tax laws.

Key takeaways

Understanding the West Virginia Nonresident Income Tax Agreement, or the WV/NRW-4 form, is essential for nonresidents who earn income in West Virginia from organizations such as partnerships, S corporations, estates, trusts, or limited liability companies. Here are key takeaways to keep in mind when dealing with this form:

  • Eligibility: Nonresident individuals or C corporations with West Virginia source income are required to fill out the WV/NRW-4 if they wish to avoid West Virginia income tax withholding by the paying organization.
  • Filing Deadline: This form should be filed with the paying organization on or before the last day of the organization’s taxable year.
  • Multiple Organizations: If receiving income from more than one West Virginia source, a separate WV/NRW-4 form must be filed with each organization.
  • Document Distribution: After filing, one copy of the form goes with the organization’s West Virginia income tax return, one is retained by the pass-through entity, and one should be kept by the nonresident distributee.
  • Avoiding Withholding: Filing the WV/NRW-4 form prevents the automatic withholding of West Virginia income tax from distributions made to the nonresident distributee.
  • Withholding Tax Rate: Without the WV/NRW-4, a 6.5% tax rate applies to West Virginia source income distributions, whether actual or deemed.
  • Duration of Agreement: Once filed, the agreement remains effective until explicitly revoked by the nonresident distributee or by the Tax Commissioner.
  • How to Revoke: Nonresidents can revoke the agreement by filing a new WV/NRW-4 form indicating the revocation with the relevant organization. Revocations apply to future tax years starting after the filing date.
  • Tax Commissioner Revocation: The agreement may also be revoked by the Tax Commissioner if the nonresident fails to file West Virginia income tax returns or pay taxes on time as agreed.

These takeaways highlight the importance of the WV/NRW-4 form for nonresidents engaging in business activities in West Virginia. Properly understanding and utilizing this form can help avoid unnecessary withholding and ensure compliance with state tax laws.

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