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ADMINISTRATIVE NOTICE 97-25R


SUBJECT:      THE INCOME PERCENTAGE FOR WEST VIRGINIA
              NONRESIDENT/PART YEAR RESIDENT RETURNS
              WILL NOT EXCEED 100%.

1.     The purpose of this revised notice is to advise individuals filing West Virginia Nonresident/
       Part Year Resident income tax returns regarding the use of an quot;income percentagequot; that
       exceeds 100%. Administrative Notice 97-25 incorrectly used the words “greater than” in
       paragraph four (4) below. The correct words “less than” are incorporated in paragraph four
       (4) below.

2.     When determining the tax liability of a West Virginia Nonresident / Part Year Resident the
       taxpayer must first calculate the tax as if the taxpayer were a resident for the entire taxable
       year to arrive at a quot;tentative taxquot; liability.

3.     The tentative tax is then multiplied by a quot;fraction,” the numerator of which is the taxpayers’
       West Virginia source income, and the denominator of which is the taxpayers’ quot;Federal
       Adjusted Gross Incomequot; for the taxable year.

4.     In most cases the West Virginia source income will be less than the Federal Adjusted Gross
       Income resulting in a quot;fractionquot; or income percentage of less than 1, carried to the required
       four decimal places. However, in the situation where the taxpayer’s West Virginia source
       income is equal to or in excess of the Federal Adjusted Gross Income, the resulting
       “fraction” or income percentage to be used would be equal to but no more than 1.

5.     EXAMPLE:          Mr. Jones is a resident of North Carolina who has $16,000.00 net rental
       income from properties located in West Virginia. He also has a rental loss of $4000.00 from
       properties located in North Carolina.

6.     His West Virginia source income will be $16,000.00. However, because of rental losses not
       attributable to West Virginia, his Federal Adjusted Gross Income will be $12,000.00. This
       will result in an quot;income percentagequot; of 133% ($16,000 divided by $12,000). However, the
       quot;income percentagequot; to be used in calculating the amount of tax due is 100%.


Issued: February 9, 1998                                      Richard E. Boyle, Jr.
                                                              State Tax Commissioner

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an9725r wv.us taxrev forms 2008/

  • 1. ADMINISTRATIVE NOTICE 97-25R SUBJECT: THE INCOME PERCENTAGE FOR WEST VIRGINIA NONRESIDENT/PART YEAR RESIDENT RETURNS WILL NOT EXCEED 100%. 1. The purpose of this revised notice is to advise individuals filing West Virginia Nonresident/ Part Year Resident income tax returns regarding the use of an quot;income percentagequot; that exceeds 100%. Administrative Notice 97-25 incorrectly used the words “greater than” in paragraph four (4) below. The correct words “less than” are incorporated in paragraph four (4) below. 2. When determining the tax liability of a West Virginia Nonresident / Part Year Resident the taxpayer must first calculate the tax as if the taxpayer were a resident for the entire taxable year to arrive at a quot;tentative taxquot; liability. 3. The tentative tax is then multiplied by a quot;fraction,” the numerator of which is the taxpayers’ West Virginia source income, and the denominator of which is the taxpayers’ quot;Federal Adjusted Gross Incomequot; for the taxable year. 4. In most cases the West Virginia source income will be less than the Federal Adjusted Gross Income resulting in a quot;fractionquot; or income percentage of less than 1, carried to the required four decimal places. However, in the situation where the taxpayer’s West Virginia source income is equal to or in excess of the Federal Adjusted Gross Income, the resulting “fraction” or income percentage to be used would be equal to but no more than 1. 5. EXAMPLE: Mr. Jones is a resident of North Carolina who has $16,000.00 net rental income from properties located in West Virginia. He also has a rental loss of $4000.00 from properties located in North Carolina. 6. His West Virginia source income will be $16,000.00. However, because of rental losses not attributable to West Virginia, his Federal Adjusted Gross Income will be $12,000.00. This will result in an quot;income percentagequot; of 133% ($16,000 divided by $12,000). However, the quot;income percentagequot; to be used in calculating the amount of tax due is 100%. Issued: February 9, 1998 Richard E. Boyle, Jr. State Tax Commissioner