West Virginia State Tax Department Forms & Instructions
WV Pass-Through Entity Tax Return Instructions — PTE-100 (incl. PTET election)
preamble
West Virginia S Corporation & Partnership Income Tax (Pass-Through Entities) Information & Instructions
This publication provides general information and is not meant to be a substitute for tax laws or regulations.
CONTENTS IMPORTAN
T INFORMATION FOR 2025 2 TAXPAYER RESPONSIBILITIES 3 GENERAL INFORMATION 3 SCHEDULE SP 9 PTE-100 11 PTE-100 SCHEDULE A 13 PTE-100 SCHEDULE B 14 PTE-100 SCHEDULE D 15 PTE-100TC 16 PTE-100APT 16 K-1 19
K-1C 20
Ne w River Gorge
Page 2 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
IMPORTANT INFORMATION FOR 2025 Annual returns will have a due date of March 15 and an extended due date of September 15. Fiscal and 52/53-week returns will be due on the 15th day of the third month following the close of the taxable year with an extension period of six months.
TAX RATES
● The withholding rate on West Virginia sour ce income for 2025 is 4.82% (§11-21-71a(b)(1)). ● Effective January 1, 2019, taxpayers who had annual remi ttance of any single tax equal to or greater than $50,000 during the fiscal year are required to electronically file returns and make payments using Electronic Funds Transfer (EFT) for periods beginning on or after January 1. ● Failure to comply with the requirement to remit payment s by EFT without first obtaining a waiver may result in a civil penalty of 3 percent of each payment which was to be paid by EFT. Visit our webs ite at www.tax.wv.gov for additional information.
RETURNED PAYMENT CHARGE
The Tax Division will recover a $15.00 fee associated with any returned bank transactions. These bank transactions include but are not limited to the following: ● Direct Debit (payment) transactio ns returned for insufficient funds. ● Stopped payments. ● Bank refusal to authorize payment for any reason. ● Direct Deposit of refunds to closed accounts. ● Direct Deposit of refunds to accounts containi ng inaccurate or illegible account information. Checks returned for insufficient funds will incur a $28.00 fee. The fee charged for returned or rejected payments will be to recover only the amount charged to the Tax Division by the financial institutions. Important: There are steps that can be taken to minimize the likelihood of a rejected financial transaction occurring:
● Use the most current bank r outing and account information.
● Professionally prepared or software-prepared returns: Prior-year information may auto-fill your return. Always verify it with a current check to ensure accuracy, especially if accounts have changed or been closed.
● Paper returns: Ensure that all direct deposit numbers are clear and legible.
● Payments via MyTaxes: Confirm that your bank routing and account numbers are up to date.
● Scheduled electronic payments: Verify that the bank account will be active on the scheduled debit date.
● Ensure sufficient funds are available in your account when checks or delayed debit payments are processed.
Page 3 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
TAXPAYER RESPONSIBILITIES FILING YOUR BUSINESS TAX RETURNS
Returns must be filed by the due date. You may obtain forms by calling 1-800-982-8297. Forms may also be obtained from any of our regional field offices or from the State Tax Division website at tax.wv.gov. Failure to file returns will result in your account being refe rred to our Compliance Division for corrective action. Please fil e all required tax returns even if you owe no tax for the reporting period. All pages of the return must be filed.
PAYMENT OF THE TAX
The full amount of tax owed is due and payable on the original due date of the tax return. Failure to pay the full amount of tax by the due date will result in interest and penalties being added to any unpaid amount of tax. If for any reason you are unable to pay the full amount of tax on the due date, you should file your tax return along with a written explanation of why you are unable to pay and when you will pay the tax due.
REFUNDS
You are entitled to a refund of any amount that you overpaid. All or part of any overpayment may be applied as a credit against your liability for such tax for other periods. A claim fo r refund (usually a tax return showing an overpayment) must be filed within three years of the due date of the return or two years from the date the tax was paid, whichever expires later. The overpayment will be used by the Tax Division against other tax liabilities due.
SELLING OR DISCONTINUING YOUR BUSINESS
If you sell or discontinue your business, notify the Tax Division in writing as soon as possible after your business is sold or discontinued. All final tax returns should be filed.
GENERAL INFORMATION
The information in this booklet is for calendar year 2025 returns and for fiscal year returns beginning in 2025 and ending in 2026. The information in this book is intended to help you complete your returns and is not a substitute for tax laws and regulations.
EXEMPT ORGANIZATIONS
Any S Corporation or Partnership exempt from federal income tax is also exempt from West Virginia income tax. In addition, certain insurance companies, certain production credit associ ations, trusts established under 29 U.S.C. 186, and other organizations specifically exempt under the laws of West Virginia are also exempt.
WHO MUST FILE
The following Partnerships are required to file an Income Tax Return: ● Resident Partnerships, ● Non-Resident Partnerships having a partner w ho is a resident of West Virginia, or ● Non-Resident Partnerships having any income from or conn ected with West Virginia sources regardless of the amount of such income. Income from or connected with West Virginia is those items attributable to (a) the ownership of any interest in real or tangible personal property in West Virginia; or (b) a business, trade, profession, or occupation carried on in West Virginia including income from intangible personal property employed in such business, trade, profession, or occupation unless it elects to be taxed under subchapter S of the Internal Revenue Code.
TAXPAYER ASSISTANCE
Call a Taxpayer Services Representative at (304)558-3333 or toll-free at (800) 982-8297
Page 4 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
"Partnership" includes syndicates, pools, joint ventures or any ot her unincorporated organization of two or more persons through which any business, trade, profession, occupation or venture is carried on. "Resident Partnership" means any partnership organized under the laws of West Virginia whose principal office, place of business, or other activity is within the borders of West Virginia. It may also carry on its business or other activities in other states. "Non-Resident Partnership" means any partnership other than a resident partnership. A Limited Liability Company which is treated like a Partnership for federa l income tax purposes will also be treated as such for West Virginia income tax purposes. If it is not treated like a Partnership, it will be taxed as a C Corporation unless it elects to be taxed under subchapter S of the Internal Revenue Code. Every corporation electing to be taxed under subchapter S of the Internal Revenue Code that engages in business in West Virginia or that derives income from property, activity, or other sources in West Virginia must file a West Virginia return.
EXTENSION OF TIME TO FILE
S Corporations or Partnerships needing an extension to file, or expecting to owe Non-Resident Withholding Tax, must file Form PTE-100EXT by the return's due date. A federal extension automatically applies to the West Virginia return-attach a copy to avoid late-filing penalties. Note: An extension to file does not extend time to pay. To avoid interest and penalties, use Form PTE-100EXT to make any payment while your return is pending. A state extension may be requested even without a federal extension if Form PTE-100EXT is filed on time.
USE OF FEDERAL FIGURES
All items of income and deductions to be reported on this return are the same as for federal tax purposes and the meaning of all terms are the same, unless otherwise defined.
PENALTY FOR LATE FILING AND FAILURE TO INCLUDE CORRECT INFORMATION
Any S Corporation or Partnership that fails to file and/or include all the correct information on Form PTE-100, and on Form WV K-1 or Form NRW-4 when applicable, by the required filing date is subject to a penalty of $50.00 for each information return that they failed to file or include correct information on, not to exceed $100,000. Provisions for the reduction of the penalty amount exist if the partnership corrects the failure or error within specified time frames. If the failure is due to intentional disregard for the filing requirements or the correct information reporting requirement, the penalty is $100.00 or ten percent (.1) of the aggregate amount of the items required to be reported correctly, whichever is greater. For additional information about this penalty, request a copy of Publication TSD-390 by calling Taxpayer Services at (304) 558-3333 or toll free at 1-800-982-8297. Also, the Publication can be found online at www.tax.wv.gov.
WHERE TO FILE
West Virginia Tax Division
Tax Account Administration PO Box 11751 Charleston, WV 25339-1751
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WEST VIRGINIA WITHHOLDING PAID ON BEHALF OF THE FILING ENTITY
A West Virginia Income Tax Withholding is created when another entity makes a payment on behalf of the entity filing this return. The withholdings must be supported by the WVK-1 received by the filing entity. Do not list partners or members shown on the Schedule SP in the withholding sections of th e return. Disregarded entities may be listed, and you must check the "Disregarded Entity" box on page one (5-D) of the return. Electronically Filed Returns - To claim withholdings, you must submit the WVK-1 or Form 1099 as part of your electronic return. Only electronically submitted data is accepted; PD F attachments are not accepted . These documents verify the withholdings claimed. If the withholding is due to a Nonresid ent Sale of Real Estate, Form WV/NRSR and all supporting documentation must already be on file wi th the State Tax Division before filing the PTE-100. PDF attachments for NRSR withholding are not accepted. Failure to file the required WV /NRSR, Federal Schedule D, or other supporting documents before submitting the PTE-100 may cause processing delays. Paper Filed Returns - Enter the total amount of West Virginia tax withheld on your behalf by another entity on your return. A completed WVK-1 or Form 1099 must be included with your paper return. Failure to enclose these documents will result in disallowance of the withholding credit claimed.
NONRESIDENT SHAREHOLDER/PARTNER WITHHOLDING TAX S Corporations and Partnerships are required to withhold West Virginia Income Tax for each Non-Resident shareholder/partner that has not provid ed the S Corporation or Partnership a WV Non-Resident Income Tax Agreement, Form NRW-4. The amount to be withheld is .0482 of the Non-Resident shareholder's/par tner's share of the Federal Taxable Income or portion thereof that is derived from or attributable to West Virginia sources, whether such amount is distributed or is deemed to have been distributed for Federal Income Tax purposes. The entire tax withheld is required to be remitted with the WV Income Tax Return for S Corporation and Partnership.
INFORMATION STATEMENT OF TAX WITHHELD
Every S Corporation or Partnership required to deduct an d withhold tax on Non-Resident shareholders/partners must provide a WV K-1 to each Non-Resident shareholder/partner on or before the date it f iles its West Virginia S Corporation/Partnership Tax Return. The information statement shall show the amount of WV income subject to withholding and the amount of WV Income Tax withheld by the S Corporation or Partnership on behalf of the shareholder/partner. The S Corporation or Partnership is required to submit all income and withholding information as it relates to the individual shareholders/partners of the S Corporation or Partnership on Schedule SP, Summary of K-1 Shareholders/Partners Ownership and Computation of Withholding Tax, when filing their annual PTE-100.
SATISFYING NONRESIDENT PERSONAL INCOME TAX REPORTING REQUIREMENTS
IT-140 WEST VIRGINIA PERSONAL INCOME TAX RETURN The individual Non-Resident shareholder/partner must enclo se the withholding documents su pplied by the S Corporation or Partnership, WV K-1, when filing the IT-140 West Virginia Personal Income Tax Return on paper. If filing electronically, this information will be entered in the tax software program and it will not be necessary to submit any additional paper forms. IT-140NRC NONRESIDENT COMPOSITE TAX RETURN If the only West Virginia source income for the shareholders/ partners is derived from the S Corporation or Partnership, the shareholders/partners may elect to satisfy the Non-Resident income tax reporting requirements using the IT-140NRC Non- Resident Composite Tax Return in lieu of the IT-140 West Virginia Personal Income Tax Return. This permits the group to file as a single entity with the only signature requirements bei ng of a partner in the case of a Partnership or a corporate officer in the case of a S Corporation. Note: Local or municipal fees cannot be claimed as West Virginia income tax withheld. If the withholding source is for a Non-Resident sale of real estate transaction, a form WV/NRSR must be completed and on file with the State Tax Division prior to submitting a tax return. Additionally, a Federal Schedule D must be submitted. If withholdings are related to form WV/NRSR, please indicate in the box provided on line 14.
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The S Corporation or Partnership will file the IT-140NRC and is responsible for collecting and remitting all withholding tax due. A copy of Schedule SP as submitted with the PTE-100 file d by the S Corporation or Partnership indicating which shareholders/ partners have elected to be part of the compos ite return must be submitted with the IT-140NRC return. A processing fee of $50.00 is also required to be remitted at the time of filing. S CORPORATION/PARTNERSHIP INCOME (LOSS) Form PTE-100, Schedule A is used to report all income (loss) from all activity of a S Corporation or Partnership, but only to the extent that it is taxable and allo cable to the shareholders/partners. If the S Corporation or Partnership has income (loss) from activity in more than one state, Form PTE-100APT, Schedule B must also be completed. If an S Corporation or Partnership has income (loss) from activi ty in more than one state, and they can separately identify and account for items of income and deductions as being directly allocable to WV, they may separately account for the WV business activity on PTE-100, Schedule A, lines 1 through 6. Supporting Federal documents must be attached to the PTE- 100. If direct allocation is used add PTE-100, Schedule A, lines 9 and 12, and enter the total on line 13. Generally, income derived from the ownership of real or tangible personal property in West Virginia lends itself to direct allocation, whereas income from a business carried on within and without the State would preferably be allocated by apportionment. Unless the books and records of the S Corporation or Pa rtnership clearly reflect their West Vi rginia portion, the allocation must be made by the apportionment formula provided in form PTE-100APT, Schedule B. If you have determined your WV Income entirely by direct allocation, you are not eligible to apportion. SHAREHOLDER/PARTNER INFORMATION Form PTE-100, lines 6 through 11, and the Schedule SP are used to identify all shareholders/partners and to account for each shareholder/partner's share of the S Corporation/Partnership's income. They are also used to calculate the amount of withholding that is required on the Non-Resident shareholder/partner's share of the S Corporation's/Partnership's income. All individual shareholders/partners are subject to West Vi rginia personal income tax under the provisions of WV Code Chapter 11, Article 21. The S Corporation/Partnership is required to withhold income tax on the Non-Resident shareholder's/partner's share of the S Corporations/Partnership 's West Virginia source income under the provisions of Chapter 11, Article 21, Section 71a of the West Virginia Tax Code. TAXABLE YEAR/METHOD OF ACCOUNTING You must use the same taxable year and method of accounting as you use for federal tax purposes.
FEDERAL RETURN INFORMATION
You must attach the first six pages of your signed federal return (Form 1120-S or Form 1065) and Schedule M-3, if applicable. Failure to provide these documents may result in your return being considered incomplete.
INTEREST
You must pay the entire tax due on or before the due date of the tax return (determined without regard for an extension of time to file). If you do not pay the entire tax due on or bef ore the due date, you must pay interest on the amount of the underpayment from the due date to the date paid. Interest is always due, without exception, on any underpayment of tax. Interest is imposed at an adjusted rate established by the Tax Commi ssioner. The interest rate will be determined and in effect for periods of six months. Interest rates in effect for various periods are: 07/01/02 - 12/31/16 9.5 % 01/01/17 - 12/31/17 8 % 01/01/18 - 12/31/18 8.75 % 01/01/19 - 12/31/19 9.25 % 01/01/20 - 12/31/20 9.25 % 01/01/21 - 12/31/21 7.75 % 01/01/22 - 12/31/23 11.50 % Contact the West Virginia State Tax Division Taxpayer Services Division for the interest rate in effect for other periods. The telephone number is (304) 558-3333 or toll free within West Virginia 1-800-982-8297.
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ADDITIONS TO TAX LATE FILING
Additions to tax are imposed for failure to file a return on or before the due date (determined with regard to an extension of time to file). On any amount of tax shown to be due on the return, the addition to tax for late filing of the return is five percent (.05) per month or any part of a month not to exceed twenty-five percent (.25).
LATE PAYMENT
Additions to tax are imposed for failure to pay all tax show n to be due on a return on or before the due date (determined without regard to an extension of time to file). The addition to tax for late payment is imposed at the rate of one half of one percent (.005) per month or part of a month not to exceed twenty-five percent (.25). When both the five percent (.05) additions to tax for late filing and the one half of one percent (.005) additions to tax for late payment are imposed, the maximum monthly percentage is five percent (.05).
COMPLETION AND SIGNATURE
All appropriate sections of the return must be completed. All required supporting documents must be attached. An incomplete return will not be accepted as timely filed. The returns must be signed by an authorized officer or partner. If the return is prepared by someone other than the taxpayer, the preparer must also sign the return and enter his or her complete address.
CHANGES MADE BY THE IRS TO FEDERAL RETURN
Any S Corporation or Partnership whose reported income or deductions are changed or corrected by the Internal Revenue Service or through renegotiation of a contract with the United St ates is required to report the change or correction to the West Virginia State Tax Division. This report must be made within 90 days of the final determination by filing an RAR Amended Return and attaching a copy of the revenue agent's report detailing such adjustments.
PASS-THROUGH AMENDED RETURNS
An S Corporation or Partnership that filed an amended return with the Internal Revenue Service must file an amended return with the West Virginia State Tax Division within 90 days of filing the amended federal return. ● File Form PTE-100, completing all appropriate lines and checking the Amended box under "RETURN TYPE" on page 1. Because West Virginia now uses barcodes on tax forms it is important to use the appropriate forms for the tax year being amended. Example: You are amending a tax return for the period ending 12-31-2020; be sure to use the 2020 PTE-100 forms. NOTE: Tax forms from different years may have different line numbers; read the line instructions carefully. ● Any amount paid with the original return should be entered on the estimated and extension payments line of the return on page 2. ● If you received a refund or had an amount credited on the original return, enter that amount on the Overpayment previously refunded or credited (amended return only) line of the return on page 2. ● Attach all schedules previously submitted and make any appropriate amended changes. Amended Returns filed for the purpose of obtaining a refund of an overpayment must be filed within three years of the due date of the return (with regard to an extension of time to file), or two years from the date the tax was paid, whichever expires later. If your Amended Return has a balance due, send the payment along with the tax return.
CONSISTENCY IN REPORTING
In completing your West Virginia Income Tax Return for S Corporations and Partnerships, if you depart from or modify past procedures for classifying business income and nonbusiness income, for valuing property or including or excluding property in the property factor, for treating compensation paid in the payroll factor, or for including or excluding gross receipts in the sales factor, you must disclose by separate attached schedule the nature and extent of the variance or modification. If you make sales of tangible personal property which are shipped into a state in which you are not taxable, you must identify the state to which the property is shipped and report the total amount of sales assigned to such state.
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CONFIDENTIAL INFORMATION
Tax information which is disclosed to the West Virginia State Tax Division, whether through returns or through department investigations, is held in strict confidence by law. The State Tax Division, the United States Internal Revenue Service, and other states have agreements under which tax information is exchanged. This is to verify the accuracy and consistency of information reported on federal, other state, and West Virginia returns.
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SUMMARY OF K-1 SHAREHOLDERS/PARTNERS OWNERSHIP AND COMPUTATION OF WITHHOLDING TAX This schedule must be completed and submitted with all s corporation and partnership returns.
COLUMN A
Enter the name of each shareholder/partner that the S Corporation or Partnership had during its taxable year. If an entity has more than 10 shareholders/partners, the taxpayer must submit their PTE-100 return electronically. If a single Shareholder or Partner has 100% ownership, mark the checkbox provided and provide the information of the single entity.
COLUMN B
Enter either the social security number or federal employer 's identification number of each shareholder/partner listed in Column A.
COLUMN C
Check only one Box: ● Box 1 If the shareholder/partner is a resident of West Virginia, check the box in this column. ● Box 2 If the shareholder/partner is a Non-Resident of West Virginia and has elected to be a member of the Non- Resident composite group, check the box in this co lumn. These are the Non-Resident shareholders/partners who will be included in the Non-Resident Composite Tax Return filing. ● Box 3 If the shareholder/partner is a Non-Resident of We st Virginia and has elected not to be a member of the composite group and has not signed Form NRW-4, chec k the box in this column. These Non-Resident shareholders/partners will file a West Virginia Income Tax Return as required. ● Box 4 If the S Corporation/Partnership has received Form NRW -4 from the Non-Resident shareholder/partner or if the shareholder/partner is tax exempt, check the box in this column. Attach any NRW -4 agreement signed in this tax period to your return when filed. If Form NRW-4 was filed and submitted in a previous period, and has not been revoked, it is not necessary to file additional copies with your return in subsequent years. Please make available upon request a list of tax exempt entities on Schedule SP.
COLUMN D
Enter the income distribution percentage of each shareholder/partner carried out to the sixth decimal place.
COLUMN E
Multiply the income distribution percentage of each shareholder/partner in Column D by the amount shown in the Total West Virginia Income box at the bottom of the page. The amount in Column E is the WV Distributive Income of each shareholder/partner. A statement of ex planation must be submitted if the West Virginia Distributive Income of the shareholder/partner is not equal to their ownership percentage times the entity's West Virginia income.
COLUMN F
If Box 2 in Column C (Non-Resident Composite) was checked - multiply the dollar amount in Column E by the tax rate of .0482 and enter the result in Column F.
COLUMN G
If Box 3 in Column C (Non-Resident) was checked - multiply the dollar amount in Column E by the tax rate of .0482 and enter the result in Column G.
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SCHEDULE SP GRAND TOTAL LINE Total the amount in Column F and Column G.
TOTAL WV INCOME
The amount in this box must match the amount shown on Schedule A, line 13.
These forms contain important information about the Non-Re sident withholding requirements. You may find these forms online at www.tax.wv.gov.
EXTENSION PAYMENTS
Extension requests and tentative payment s of Non-Resident withholding tax, fo r both shareholders/partners who are included on the Non-Resident Composite Return and for those who will be filing individual returns, must be submitted by the S Corporation/ Partnership on Form PTE-100EXT. PTE-100EXT - Extension of Time to File Information Returns
Special Note: S Corporations/Partnerships with Non-Resident shareholders/partners must review the following forms: WV K-1 Schedule of WV Partner/Shareholder/Member/B eneficiary Income, Loss, Modification, Credits, and Withholding
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INSTRUCTIONS
On page 1, enter the beginning and ending tax year dates cover ed by this return. Clearly print or type your name and address. If filing under extension, enter extended due date.
CENTRALIZED AUDIT REGIME
If you elected out of the Centralized Audit Regime under IR C Section 6221(b), check the "yes " box. If not, check the "no" box and complete the Representative information in the designated area on page 1. "CHECK ALL APPLICABLE BOXES" section Check all boxes that apply to the return being filed.
Part 1 ENTITY TYPE Check either S Corporation or Partnership
Part 2 RETURN TYPE
Check all that apply (more than one box may be selected). Part 3 IF FINAL/SHORT PERIOD/INITIAL RETURN Check all that apply.
Part 4 ACTIVITY DESCRIPTION Check applicable box. Do not check Wholly WV if you are not a WV based entity.
Part 5 REPORTABLE ENTITIES
Check all that apply . Note: if any box is checked in this section, information about the reportable entity must be entered on Schedule D You must attach the first six pages of your signed federal return (Form 1120-S or Form 1065) and Schedule M-3, if applicable. Failure to provide these documents may result in your return being considered incomplete. Please attach any additional information and/or statements as required. All S Corporations/Partnerships must complete PTE-100 Schedule SP before completing lines 6 through 11. Line 6 Column A - Income Enter the amount of WV Distributive Income of WV residents from Schedule SP. This amount will be equal to the sum of the amount in Column E for each shareholder/partner who had Column C, Box 1 marked. Line 7 Column A - Income Enter the amount of WV Distributive Income of Non-Residents filing on an IT-140NRC Non-Resident Composite Tax Return from Schedule SP. This amount will be equal to the sum of the amount in Column E for each shareholder/partner who had Column C, Box 2 marked. Line 7 Column B-Withholding Enter the amount of withholding tax due for Non-Residents filing on an IT-140NRC Non-Resident Composite Tax Return from Schedule SP. This amount will be equal to the sum of the amount in Column F for each shareholder/partner who had Column C, Box 2 marked. Line 8 Column A-Income Enter the amount of WV Distributive Income of Non-Residents filing on an IT-140 WV Personal Income Tax Return from Schedule SP. This amount will be equal to the sum of the amount in Column E for each shareholder/partner who had Column C, Box 3 marked. Line 8 Column B-Withholding Enter the amount of withholding tax due for Non-Residents filing on an IT-140 WV Personal Income Return from Schedule SP. This amount will be equal to the sum of the amount in Column G for each shareholder/partner who had Column C, Box 3 marked.
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Line 9 Column A-Income Enter the amount of WV Distributive Income of Non-Residents filing with a signed NRW-4, or that are tax exempt, from Schedule SP. This amount will be equal to the sum of the amount in Column E for each shareholder/partner who had Column C, Box 4 marked. Line 10 Column A-Income Enter the sum of Column A, lines 6, 7, 8, and 9. The total WV income amount must match the amount shown on Schedule SP (Grand Total of Column E) and the amount shown on Schedule A, line 13. Line 11 Column B-Withholding Enter the sum of Column B, lines 7 and 8. The amount of withholding tax due must match the amount shown on Schedule SP (Grand Total of Column F plus Grand Total of Column G). Line 12 Enter the prior year carried forward credit. Line 13 Enter the total amount of estimated tax payments and any extension payments made. Line 14 If filing an amended return, enter the amount previously paid with the original return. Line 15 Line 15 - Enter the amount of West Virginia income tax withheld and reported on any WV K-1 or Form 1099 submitted on behalf of this entity. If any of the withholdi ng is from a Nonresident Sale of Real Estate (NRSR), check the box provided. Line 16 West Virginia Property Tax Credits ● A. Enter the total Motor Vehicle Credit. You must attach Form MV-1.
● B. Enter the Small Business Property Tax Credit. You must attach Form SB-1.
● C. Total West Virginia Property Tax Cr edits. Add the amounts from boxes A and B. Line 17 Payments and refundable credits (add lines 12 through 16). Line 18 Overpayment previously refunded or credited (amended return only). Line 19 Total payments. Subtract line 18 from line 17 Line 20 Tax Due If line 19 is smaller than line 11, enter the amount owed. If line 19 is larger than line 11 skip to Line 24. Line 21 Calculate interest due. See the general information on page 7 of this booklet for additional information regarding interest. Line 22 Calculate additions to tax due. See the general inform ation on page 7 of this booklet for additional information regarding additions to tax. Line 23 Remit this amount. If paying by check, make the check payable to the West Virginia State Tax Division. For other payment options see www.tax.wv.gov. Line 24 Line 24 - Enter the amount of overpayment. Overpaym ents may be credited to next year's tax or refunded, in whole or in part. Line 25 Enter the amount of overpayment to be credited to next year's tax. Line 26 Enter the amount of overpayment to be refunded (line 24 minus line 25).
Page 13 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division PTE-100 SCHEDULE A Please note that if the S Corporation or Partnership has income from sources both within and without West Virginia, they must complete the PTE-100APT Schedules to determine how much of their income is from a West Virginia source. Line 1 An S Corporation will enter the ordinary income (loss) as shown on Federal Form 1120S. A Partnership will enter the ordinary income (loss) as shown on Federal Form 1065. Line 2 Enter the amount of all other gross income (loss) of the S Corporation as shown on Federal Form 1120S, Schedule K, that is not included on line 1. Enter the amount of all other gross income (loss) of the Partnership as shown on Federal Form 1065, Schedule K, that is not included on line 1. Line 3 S Corporations will enter the amount of any expenses or deductions as shown on Federal Form 1120S, Schedule K, that are not included on line 1. Partnerships will enter the amount of any expenses or de ductions as shown on Federal Form 1065, Schedule K, that are not included on line 1. Line 5 Modifications increasing Federal income: S Corporations and Partnerships enter the amount from PTE-100, Schedule B, line 5. Line 6 Modifications decreasing Federal income: S Corporations and Partnerships enter the amount from PTE-100, Schedule B, line 10. Line 7 Line 4 plus line 5 minus line 6. Line 8 See the instructions for Form PTE-100APT, Schedu les A1 and A2 for proper classification of nonbusiness income. For entities with nonbusiness income from s ources within and without West Virginia, enter the amount from PTE-100APT, Schedule A1, line 9 here. Line 9 Income subject to Apportionment Line 7 minus Line 8 Line 10 If income is derived from sources within and without West Virginia, enter the apportionment factor from Form PTE-100APT, Schedule B, part 1 or part 2 or part 3 as applicable. Line 12 For entities with nonbusiness income from sources within West Virginia, enter the amount from PTE-100APT, Schedule A2, line 9 here. Line 13 Amount of West Virginia income. **IMPORTANT NOTE REGARDING LINE 10** Form PTE-100APT SCHEDULE B must be completed and attached if you are not a wholly WV company. Failure to attach completed form will result in 100% apportionment to West Virginia.
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PTE-100 SCHEDULE B
INCREASING ADJUSTMENTS
Line 1 Enter the amount of US Government ob ligation interest or dividends not ex empt from state tax, less related expenses not deducted on your federal return. Attach supporting documentation. Line 2 Interest or dividends on state and loca l bonds other than from WV sources. Line 3 Interest on money borrowed to purchase bonds earning income exempt from WV tax. Line 4 Qualifying 402(e ) lump-sum income not included in federal adjusted gross income but subject to state tax. Line 5 Other increasing adjustments. Enter a brief descripti on of any adjustment in the space provided.Submit a statement for any adjustment entered.
DECREASING ADJUSTMENTS
Line 7 Interest or dividends on US or WV obligations included in Federal AGI but exempt from state tax. Line 8 Refunds of state and local income taxes received and reported as income to the IRS. Line 9 Other decreasing adjustments. Enter a brief description of any adjustment in the space provided. Submit a statement for any adjustment entered. Line 10 Allowance for governmental obligations/obligations secured by residential property (from Schedule B-1). Line 1 Enter the amount of federal obligations and securities. Line 2 Enter the amount of obligations of West Virginia and the political subdivision of West Virginia. Line 3 Enter investment or loans primarily secured by mortgages or deeds of trust on residential property located in West Virginia. Line 4 Enter loans primarily secured by a lien or security ag reement on a mobile home or doublewide located in West Virginia. Line 5 Total - add lines 1 through 4 Line 6 Average the beginning and ending balance of Federal Form 1120S or form 1065. Line 7 Enter the amount of line 5 divided by line 6 and round to six decimal places. Line 8 Enter the sum of Schedule A line 4 and Schedule B line 6 and subtract the sum of Schedule B lines 7 through 9. Line 9 Enter the amount of line 7 multiplied by line 8.
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PTE-100 SCHEDULE D PTE-100 SCHEDULE D If any boxes are checked in the REPORTABLE ENTITIES Se ction on page 1, then the names and FEINs of Reportable Entities must be entered on this schedule. If the number of entities exceeds ten (10) you must file electronically. Column 1 Enter the name of the reportable entity. Column 2 Enter the FEIN of the reportable entity. Column 3 Enter the name of the reportable entity's parent. Column 4 Enter the FEIN of the parent. Column 5 Enter the Alpha Character designation for the expl anation of the relationship between reportable entity and entity submitting this West Virginia Return. A Pass through entity you are a partner, member, or shareholder doing business in WV B Entity you own 80% of voting stock C Entity that owned more than 80% of your stock D Disregarded entity or QSUB E Controlled Foreign Corporation
Page 16 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
SUMMARY OF TAX CREDITS
The PTE-100TC, Summary of Tax Credits, is a form used by Pass Through Entities to summarize the tax credits that are available to pass on to their shareholder s/partners so these credits can be used against their net income tax liability from this entity. In addition to completing the PTE-100TC, each tax cr edit has a schedule or form that is used to determine the amount of credit that can be distributed. Please note that some tax credit schedules require a completed application to be submitted and approved before the tax cr edit schedule can be filed. Both the PTE-100TC and the appropriate credit calculation schedule(s) or form(s) must be attached to your return. Your shareholders/partners will need to submit the required documentation to claim their percentage of the available credits. SCHEDULES A1 & A2: ALLOCATION OF NONBUSINESS INCOME FOR MULTISTATE BUSINESSES If your business activities take place both within and without West Virginia and you are also taxable in another state, certain items of nonbusiness income that are included in federal taxabl e income are directly allocated. All other income must be apportioned. Business income arises from transactions and activities in the regular course of the co rporation's trade or business and includes income from tangible and intangible property if the acquisition, management or disposition of the property constitutes integral parts of the entity's trade or business. Nonbusiness income includes a ll income that is not classified as business income, less all expenses attributable to the production of this income. Nonbusiness income is allocated to West Virginia if (1) the entity's commercial domicile, the principal place from which the trade or business is managed, is located in West Virginia, or (2) property creating the nonbusiness income is utilized in West Virginia. Nonbusiness income from real property is allocated if the property is located in West Virginia. Nonbusiness income from tangible personal property is allocated to West Virginia if the property is utilized in West Virginia or the property was located in West Virgin ia at the time of its sale. Nonbusiness income from intangible personal property is allocated to West Virginia if the corporation's commercial domicile is located in West Virginia or, in the case of patents and copyrights, if they are used in West Virginia. For a detailed discussion of allocation of nonbusiness income, you may request a copy of Publication TSD-392, "Corporation Net Income Tax Nonbusiness Income" by contacting our Taxpayer Services Division or online at www.tax.wv.gov. Determine nonbusiness income allocated to West Virginia and outside West Virginia by completing Form PTE-100APT, Schedules A1 and A2. Only those types of nonbusiness income listed on Form PTE-100APT, Schedules A1 and A2 can be allocated. Any other type of income that the entity classifies as nonbusiness must be apportioned. Line 9 Enter the amount from Form PTE-100APT Schedule A1, column 3, line 9, on Form PTE-100, Schedule A, line 8. Line 9 Enter the amount from Form PTE-100APT Schedule A2, co lumn 3, line 9 on Form PTE-100, Schedule A, line 12. SCHEDULE B: APPORTIONMENT FORMULA If your business activities take place both within and without West Virginia and you are also taxable in another state, all net income, after deducting those items of nonbusiness income allocated on Form PTE-100APT Schedules A1 and A2, must be apportioned to West Virginia by using the appropriate apportionment formula . Completion of the PTE-100APT Schedule B is required even if apportionment is zero. Special apportionment formulas apply to motor carriers and to financial organizations. If you are filing for a motor carrier, follow the apportionment instructions for Form PTE-100APT, Schedule B, Part 2. If you are filing for a financial organization, follow the apportionment instructions for Form PTE-100APT, Schedule B, Part 3.
Page 17 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
MULTISTATE S CORPORATIONS/PARTNERSHIPS - APPORTIONMENT FORMULA To determine your West Virginia apportionment percentage, first determine the following factors: PART 1 - REGULAR ENTITIES SALES FACTOR. The term "sales" means all gross receipts of the taxpayer that are business income. Thus, the sales factor includes all gross receipts derived from transactions and activity in the regular course of your trade or business, less returns and allowances. Do not include interest or dividends from obligations of t he United States government, which are exempt from taxation in West Virginia, or gross receipts from an activity that produced nonbusiness income that you allocated in Form PTE-100APT, Schedules A1 and A2. The numerator (column 1) of the sales factor includes all gross receipts attributable to West Virginia and derived from transactions and activity in the regular cour se of your trade or business. All interest income, service charges or time-price differential charges incidental to such gross receipts must be included regardless of the place where the accounting records are maintained or the location of the contract or other evidence of indebtedness. The denominator (column 2) of the sales factor includes all gross receipts derived from transactions and activity in the regular course of your trade or business that was reflected in your gross income reported and as appearing on your federal income tax return unless otherwise excluded. Sales of tangible personal property delivered or shipped to a purchaser within a state in which you are not taxed (e.g. under Public Law 86-272) are no longer to be excluded from the denominator. Divide column 1 by column 2 and enter the result in column 3. State the result as a decimal fraction and round to six (6) places after the decimal. Enter the six (6) digit decimal fraction from column 3 on PTE-100, Schedule A, line 10.
MOTOR CARRIERS - SPECIAL SINGLE FACTOR FORMULA
PART 2 - VEHICLE MILES. Motor carriers of property or passengers are subject to special apportionment rules. Motor carriers must apportion their business income by using a single factor formula of vehicle miles. A motor carrier is any person engaged in the transportation of passengers and/or property for compensation by a motor propelled vehicle over roads in West Virginia, whether on a scheduled route or otherwise. The term "vehicle miles" means the operations of a motor carrier over a distance of one mile. The special apportionment formula for motor carriers does NOT apply if: (A) The motor carrier neither owns nor rents any real or t angible personal property located in West Virginia, has made no pickups or deliveries within West Virginia, and has traveled less than 50,000 miles in West Virginia during the taxable year; or (B The motor carrier neither owns nor rents any tangible per sonal property located in West Virginia except vehicles and makes no more than 12 trips into or through West Virginia during the taxable year. Under either (A) or (B), the mileage traveled in West Virginia may not be more than five percent (.05) of the total vehicle miles traveled in all states during the taxable year. Determine the apportionment factor by entering the appropriate vehicle miles for West Virginia in column 1, and vehicle miles everywhere in column 2. Divide column 1 by column 2 and enter the result in column 3. State the result as a decimal fraction and round to six (6) places after the decimal. Enter the six (6) digit decimal fraction from column 3 on PTE-100, Schedule A, line 10.
Page 18 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
FINANCIAL ORGANIZATIONS - SPECIAL SINGLE FACTOR FORMULA
PART 3 - GROSS RECEIPTS. Financial organizations subject to apportionment must apporti on their business income by using a single factor gross receipts formula. A financial organization is any holding company or regulated financial corporation or subsidiary thereof, or any corporation deriving more than fifty percent (.5) of its gross receipts from one or more of the following: 1. Making, acquiring, selling, or servic ing loans or extensions of credit. 2. Leasing or acting as an agent, broker, or advisor in conne ction with leasing real and personal property that is the economic equivalent of an extension of credit. 3. Operating a credit card business. 4. Rendering estate or trust services. 5. Receiving, maintaining, or otherwise handling deposits. 6. Engaging in any other activity with an economic effect comparable to any of the above. Financial organizations regularly engaging in business in West Virginia shall apportion their business income by means of a single factor of gross receipts apportionment formula. A financial organization not having its commercial domicile in West Virginia is presumed to be regularly engaging in business in West Virginia if during any year it obtains or solicits business with 20 or more persons within West Virginia, or the sum of its gross receipts attributable to sources in West Virginia equals or exceeds $100,000.00. Gross receipts from the following ownership interest (and cert ain related activities) will not be considered in determining whether a financial organization is subject to taxation. 1. An interest in a real estate mortgage investment c onduit, a real estate investment, or a regulated investment company; 2. An interest in a loan backed security representing owne rship or participation in a pool of promissory notes or certificates or interest that provide for payments in relation to payments or reasonable projections of payments on the notes or certificates; 3. An interest in a loan or other asset from which the inte rest is attributed to a consumer loan, a commercial loan or a secured commercial loan, and in which the payment obligations were solicited and entered into by a person that is independent and not acting on behalf of the owner; or an in terest in the right to service or collect income from such a loan or asset; or 4. An amount held in an escrow or trust acco unt with respect to property described above. However, if a financial organization is subject to taxation when gross receipts from these interests are not considered, such receipts must then be included when determining the amount of taxes owed.
PETITIONING FOR AN ALTERNATIVE METHOD OF APPORTIONMENT
To use an alternate method of allocation and apportionment, you must petition the Tax Comm issioner to use some other basis to determine your taxable net income. Your pet ition for an alternate method must be filed by no later than the normal due date of your return. You must receive written permission to use an alternate apportionment method before filing your return. Permission will only be granted if you can show that the statutory formula does not properly reflect your taxable income, and if the alternate method properly and fairly shows your West Virginia taxable income. Your petition should include your name and address; state of incorporation, and principal place of business; description of the kind(s) of business in which you are engaged; detailed statement of how sales are made in West Virginia; computation of your West Virginia taxable income using the statutory apportionment formula and using your proposed alternate formula; and a summary of the facts that support your position.
SEND YOUR PETITION TO:
West Virginia Tax Division
Tax Account Administration Division Corporate Tax Unit P.O. Box 1202 Charleston, WV 25324-1202
Page 19 of 20 West Virginia PTE-100 Information & Instructions 2025 | West Virginia Tax Division
K-1
GENERAL
The partners, members, or shareholders of any Pass Through Entity are liable for tax on their share of the income, whether or not distributed, and must include their share on the individual income tax return. West Virginia Schedule K-1 provides a reporting mechanism for a pass through entity to report the distributive share of gains, losses, modifications and credits of owners (i.e. partners, shareholders, members, etc.) Additionally, it is the reporting mechanism for any withholding required to be performed on Non-Resident owners. This form should be used for any owner that is not a "C" Corporation. The Schedule K-1C should be used for any owner that is a "C" Corporation.
WITHHOLDING
This section includes information concerning the entity reporting the information (including the name, address, identification number and type), information concerning the owner to which this information statement relates (including the name, address, and identification number) and a withholding statement. Line 1 This section should include the distributive share of income for a Non-Resident owner. Line 2 This section should include the amount withheld for the Non-Resident owner. Percentage of ownership Enter the percentage of ownership as a decimal. For example, 100% ownership should be written as 1.000000.
GENERAL
The partners, members, or shareholders of any pass through entity are liable for tax on their share of the income, whether or not distributed, and must include their share on their corporation income tax return. West Virginia Schedule K-1C provides a reporting mechanism for a pass through entity to r eport the distributive share of gains, losses, modifications and credits of owners that are tr eated as "C" Corporations and are thereby subject to the WV income tax. The Schedule K-1 should be used for any owner that is not a "C" Corporation (including individuals, partnerships, LLC's, and "S" Corporations).
WITHHOLDING
This section includes information concerning the entity reporting the information (including the name, address, identification number and type), information concerning the owner to which this information statement relates (including the name, address, and identification number) and a withholding statement. Line 1 This section should include the distributive share of income for a Non-Resident owner. Line 2 This section should include the amount withheld for the Non-Resident owner. Percentage of ownership Enter the percentage of ownership as a decimal. For example, 100% ownership should be written as 1.000000.
Source: official text