Looking for a Wv Tax Forms And Templates? Download it for free!

(60) days of settlement must be stated on the application as the

purposes of §1041 of the Internal Revenue Code.

taxable amount.

Required documentation: Copy of marriage license or divorce

LINE 4 Transfer is by a tax-exempt entity for purposes of §501(a)

decree; copy of deed which will be recorded to accomplish the

of the Internal Revenue Code and transfer involves limited

transfer; if incident to divorce, copy of section of court order or

or no unrelated business taxable income under §512 of the

separation agreement governing transfer of the property.

Internal Revenue Code.

LINE 11 Transfer is treated as a transfer by an S corporation for

Required documentation: Copy of determination by the Internal

purposes of §1368 of the Internal Revenue Code.

Revenue Service that transferor is a tax-exempt entity for purposes

Required documentation: Copy of agreement governing transfer

of §501(a) of the Internal Revenue Code; Certificate of Good

between transferor and transferee; copy of approval by the Internal

Standing of transferor issued by the state in which transferor

Revenue Service of transferor’s S corporation election; Certificate

is incorporated; notarized affidavit executed on behalf of

of Good Standing issued by the state in which transferor is

transferor by its President and Treasurer stating that the transfer

incorporated.

involves limited or no unrelated business income under §512 of

LINE 12 Transfer is to a disregarded entity, classified as such, that

the Internal Revenue Code.

is solely owned by the transferor.

LINE 5 Transfer is to a partnership in exchange for an interest in

Required documentation: Copy of agreement governing transfer

the partnership such that no gain or loss is recognized under §721

from transferor to transferee; certified copy of transferee’s Articles

of the Internal Revenue Code.

of Organization; Certificate of Good Standing of transferee issued

Required documentation: Copy of agreement governing transfer

by the state in which transferee is organized; copy of transferee’s

between transferor and transferee; copy of the partnership

Operating Agreement.

agreement of the transferee.

LINE 13 Transfer is otherwise fully or partially exempt from the

LINE 6 Transfer is by a partnership to a partner of the partnership

recognition of gain in accordance with attached explanation.

in accordance with §721 of the Internal Revenue Code.

Required documentation: Attach any and all documents necessary

Required documentation: Copy of agreement governing transfer

to show that the transfer is fully or partially exempt from tax.

between transferor and transferee; copy of the partnership

Provide brief explanation of your reason for

agreement of the transferor.

requesting exemption

LINE 7 Transfer is treated as a transfer by a real estate investment

Provide a brief explanation of why the sale or transfer of the

trust for purposes of §857 of the Internal Revenue Code.

property qualifies for a full or partial exemption from the income

Required documentation: Copy of agreement governing transfer

tax withholding requirement. If necessary, attach additional

between transferor and transferee; certified copy of Articles of

documentation to support your request for a full or partial

Incorporation of transferor; Certificate of Good Standing of

exemption, and to support your calculation of the dollar amount

transferor issued by the state in which transferor is incorporated.

subject to tax, if the request is for partial exemption.

LINE 8 Transfer is a tax-free exchange for purposes of §1031 of the

Calculation of tax to be withheld

Internal Revenue Code.

Complete this section if you are requesting a partial exemption.

This section must be completed or the application for partial

Required documentation: Letter signed by the qualified

exemption will be denied.

intermediary, or by the person authorized to sign on behalf of a

Signature(s)

business entity acting as the qualified intermediary, which states

the name(s) of the transferor(s), property description, that the

Form WV/NRAE must be signed by an individual (both taxpayer

individual or business will be acting as the qualified intermediary

and spouse if filing a joint WV income tax return), or a responsible

for the transferor(s) as part of a 1031 exchange of the property,

corporate officer.

whether there will be any boot, and if so, the amount of boot.

Please include a daytime telephone number where you can be

The amount of any boot must be stated on the application as

reached between 8:00 AM and 5:00PM EST.

the taxable amount.

Your signature(s) signifies that your application, including all

LINE 9 Transfer is pursuant to a condemnation and

attachments is, to the best of your knowledge and belief, true,

conversion into a similar property for purposes of §1033 of the

correct and complete, under the penalties of perjury.

Internal Revenue Code.

If a power of attorney is necessary, complete federal Form 2848 and

Required documentation: Copy of agreement governing transfer

attach to your application.

between transferor and government body or authority condeming

Where to file

the property; notarized affidavit executed by transferor stating

Mail the completed form and all attachments to:

that transferor will identify and purchase replacement property

West Virginia State Tax Department

within the time limits required by §1033 of the Internal Revenue

Tax Account Administration Division/Withholding Unit

Code, or copy of contract of sale if transferor has already identified

PO BOX 784

replacement property. If proceeds from condemnation exceed

Charleston WV 25323-0784

price of replacement property, the excess must be stated on the

Additional information

application as the taxable amount.

For additional information, please call 1-800-982-8297 or

LINE 10 Transfer is between spouses or incident to divorce for

(304) 558-3333 or TDD (hearing impaired) 1-800-282-9833.

Form Wv/nrae - Application For Certificate Of Full Or Partial Exemption Form - West Virginia State Tax Department Page 4

Related Articles

Related forms

Related Categories