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Form Wv/nrsr - Return Of Income Tax Withholding For Nonresident Sale Of Real Property Page 3

Specific instructions for Transferor/Seller (Copy B)

How to claim the tax withheld

A copy of Form WV/NRSR (Copy B) must be submitted with the appro-

priate WV Income Tax Return. Failure to do so will result in the disal-

lowance of the credit claimed.

The manner in which the income tax withheld is claimed by the non-

resident individual or nonresident entity depends on the type of WV

income tax return you are required to file. Follow the specific instruc-

tions below. Claiming the income tax withheld on a line other than as

described below may result in the withholding being denied.

Individuals and Revocable Living Trusts

Nonresident individuals are required to file a Nonresident WV Income

Tax Return (Form WV/IT-140). The income tax withheld and reported

on Line 8 of Form WV/NRSR must be claimed as a Withholding In-

come Tax payment.

C corporations

C corporations are required to file a WV Combined Corporation Net

Income/Business Franchise Tax Return (Form WV/CNF120). The in-

come tax withheld and reported on Line 8 of Form WV/NRSR must be

claimed as a withholding income tax payment.

S corporations, Partnerships and LImited Liability Companies

and Business Trusts

S corporation, partnerships and limited liability companies and busi-

ness trusts that elect to be treated as pass-through entities must file a

WV Income/Business Franchise Tax Return for S Corporation and

Partnership return (WV/SPF-100). The income tax withheld and re-

ported of Line 8 of Form WV/NRSR must be claimed as a withholding

income tax payment.

This tax, and any other tax paid with Form WV/NRSR must be allo-

cated to the nonresident shareholders, partners or members and re-

ported on a modified federal Schedule K-1 or WV statement. All tax

allocated to a nonresident shareholder, partner or member must be

claimed as a nonresident tax paid by S corporations, or other unincor-

porated business entities.

Trusts and Estates

Trustees of trusts and personal representatives of estates are required

to file a WV Fiduciary Income Tax Return (Form IT-141). The income

tax withheld and reported on Line 8 of the From WV/NRSR must be

claimed as a withholding tax payment.

Form Wv/nrsr - Return Of Income Tax Withholding For Nonresident Sale Of Real Property Page 3