The WV/NRW-4 form is a West Virginia Nonresident Income Tax Agreement designed for individuals and corporations that earn income from West Virginia sources but reside in other states. By completing this form, nonresidents can avoid having state income tax withheld from their distributions. It is essential to fill out this form accurately and submit it promptly to ensure compliance and avoid unnecessary tax deductions.
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The WV/NRW-4 form, officially known as the West Virginia Nonresident Income Tax Agreement, plays a crucial role for nonresidents earning income from West Virginia sources. This form allows nonresident individuals and C corporations to avoid the automatic withholding of state income tax on distributions received from partnerships, S corporations, estates, trusts, or limited liability companies. To ensure compliance, the form requires detailed information about both the nonresident and the organization, including names, addresses, and identification numbers. By submitting the WV/NRW-4, nonresidents agree to file West Virginia income tax returns and pay any taxes due on their share of the organization’s income. This agreement remains in effect until revoked by either the nonresident or the state’s Tax Commissioner, providing a level of stability for both parties. It’s essential for nonresidents receiving income from multiple organizations to file a separate WV/NRW-4 with each one to prevent tax withholding. Understanding the nuances of this form can significantly impact a nonresident’s tax obligations and financial planning.
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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