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.
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.
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
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
Trust
Limited Liability Company
Nonresident's Taxable Year:
Taxable Year of Organization:
Calendar Year
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
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.
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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).
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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.
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.
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.
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.
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:
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.
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.
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.
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.
There are several common misconceptions about the West Virginia Nonresident Income Tax Agreement, Form WV/NRW-4, that deserve clarification:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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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