Form It-140 Nrc- West Virginia Nonresident Composite Return

2012 IT-140 NRC

INSTRUCTIONS

WEST VIRGINIA COMPOSITE INCOME TAX RETURN

Nonresident individuals who are partners in a partnership, shareholders in a S corporation, or beneficiaries of an

estate or trust, that derives income from West Virginia sources may elect to file a composite non-resident income

tax return upon payment of a $50 processing fee for each composite return filed.

A composite return is a return filed by a pass-through entity for its nonresident distributees who consent to be

included in the composite return.

The pass through entity filing a composite return is responsible for maintaining a list, which must set forth the

name, address, taxpayer identification number, and percent of ownership or interest in the pass-through entity,

of those nonresident individuals included in the composite return. The list should NOT be submitted with the

composite return, but should be made available to the WV State Tax Department upon request.

There is no requirement that all nonresident distributees join in filing a composite return.

When determining the amount of tax due, West Virginia taxable income is determined as if there is only one

taxpayer. No personal exemptions are allowed and tax must be calculated using the 6.5% rate of tax.

If claiming WV withholding transfer the information requested from Schedule K-1(s) or WV/NRW-2(s) to the IT-

140NRC-W and attach to the 140NRC.

If you are claiming withholding and do not attach the IT-140NRC-W with

your return, we will send your 140NRC back to you as

incomplete. Do not submit your Schedule K-1(s) or WV/

NRW-2 with your return. You MUST maintain a copy of the other state(s) return in your files.

A composite return need not be signed by the individuals included in the return. It must be signed by a partner

of the partnership, an officer of the S corporation, a trustee of the trust, or the executor or administrator of the

estate, filing the composite return.

The pass-through entity filing the return is responsible for collection and remittance of the income tax shown due

on the return.

An election to file a composite return does not prevent the nonresident from filing his or her separate income

tax return, Form IT-140, and such return is required if the nonresident has taxable income from any other West

Virginia source. If a separate return is filed, the nonresident must include in that return the West Virginia income

the nonresident derives from the pass-through entity filing the composite return and may claim credit for his or

her share of West Virginia income tax remitted with the composite return.

Payment of tax can be paid by check, certified funds, or credit/debit card. To pay by credit card, visit

Contact the Taxpayer Services Division at (304) 558-3333 or 1-800-982-8297 (toll-free within West Virginia) if

you need additional information.

Form It-140 Nrc- West Virginia Nonresident Composite Return - 2012 Page 2