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Specific Instructions for completing the form:

INSTRUCTIONS FOR RETURN OF INCOME TAX WITH-

LINE 1

Enter the street address for the property as listed with the

HOLDING FOR NONRESIDENT SALE OF REAL PROPERTY

County Assessor. If the property does not have a street address, pro-

( FORM WV/NRSR)

vide such descriptive information as is used by the County Assessor

to identify the property. Also include the property account ID number

There are three copies of From WV/NRSR

for the parcel being transferred. If the property is made up of more

than one parcel and has more than one account number, include all

General Instructions

applicable account numbers.

Purpose of form:

LINE 2

Enter the date of transfer. The date of transfer is the effec-

This form is designed to assure the regular and timely collection of WV

tive date of the deed. The effective date is the later of: (1) the date of

income tax due from nonresident sellers of real property located within

the last acknowledgement; or (2) the date stated in the deed.

the State. This form is used to determine the amount of income tax

withholding due on the sale of property and provide for its collection at

LINE 3

Check the box if the transferor/seller is reporting the gain

the time of the sale or transfer.

under the installment method.

Who must file:

LINES 4, 5, and 6 Unless transferors/sellers are husband and wife

and filing a joing WV income tax return, a separate Form WV/NRSR

If the transferor/seller is a nonresident individual or nonresident entity,

must be completed for each transferor/seller that is entitiled to receive

and is transferring an interest in real property located within the State

any part of the proceeds of the transfer. Enter the tax identification

of WV, unless the transaction is otherwise exempt from the income tax

number or social security number for the nonresident transferor/seller

withholding requirement, the person responsible for closing must file

and the social security number for the spouse, if applicable. Do not

Form WV/NRSR with the WV State Tax Department. If there are

enter the street address of the property being transferred.

multiple transferors/sellers, a separate form must be completed for

each nonresident individual or nonresident entity subject to the with-

LINE 7

Check the appropriate box for the transferor/seller.

holding requirements. The separate form requirement does not apply

to a husband and wife filing a joint WV income tax return.

LINE 8

If a Certificate of Partial Exemption is issued by the WV State

Tax Commissioner, do not complete lines 8a through 8h. Instead,

enter the amount stated on Form WV/NRCE.

A “nonresident entity” is defined to mean an entity that: (1) is not formed

under the laws of WV, and (2) is not qualified by or registered with the

WV State Tax Department to do business in WV.

Complete this section to determine the total payment allocable to the

transferor/seller that is subject to the income tax withholding require-

When to file:

ments and the amount of tax required to be withheld. The total pay-

ment is computed by deducting from the total sales price (including

Unless the transaction is otherwise exempt from the income tax with-

the fair market value of any property or other nonmonetary consider-

holding requirement, the person responsible for closing must com-

ation paid to or otherwise transferred to the transferor/seller the amount

plete Form WV/NRSR for each nonresident transferor/seller at closing

of any mortgages or other liens, the commission payable on account

of sale.

of the sale, and any other expenses due from the seller in connection

with the sale.

A nonresident individual or nonresident entity that sells real or per-

sonal property located in WV must file a WV income tax return. The

LINE 8f If there are multiple owners, enter the percentage of owner-

appropriate income tax return must be filed for the year in which the

ship of the transferor/seller for whom this form is being filed.

transfer of the real property occurred. The due date for each income

LINE 8g Multiply Line 8e by Line 8f to determine the transferor/seller’s

tax return type can be found in the instructions to the specific income

tax return.

share of the total payment.

What to file:

LINE 8h Enter the applicable rate for the transferor/seller used for

computing the withholding tax. If withholding tax is computed on

6.5%, ente rthe amount of the estimated capital gain on Line h2.

Copy A of Form WV/NRSR must be submitted to the WV State Tax

Department with check or money order in the aggregate amount of tax

due for each nonresident transferor/seller with regard to a sale or transfer

LINE 8i

Enter the amount of tax withheld.

of real property within thirty (30) days of the date the amounts were

withheld.

Payment of tax:

Make check or money order payable to the WV

State Tax Department.

Copy B of Form WV/NRSR is to be provided to the transferor/seller at

closing. Nonresident individuals or nonresident entities must file the

Signature:

Copy A of this return must be verified and signed by the

appropriate WV income tax return for the year in which the transfer of

individual transferor/seller, an authorized person or officer of a busi-

the property occured. See the specific instructions for the tax return

ness entity, or the person responsible for closing.

being filed.

Copy C of Form WV/NRSR is to be retained by the taxpayer.

Form Wv/nrsr - Return Of Income Tax Withholding For Nonresident Sale Of Real Property Page 2

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