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STATE OF WEST VIRGINIA
                    State Tax Department, Internal Auditing Division
                    P.O. Box 1071
                    Charleston, WV 25324-1071


        Joe Manchin III, Governor                                                                 Christopher G. Morris, Tax Commissioner

             Name                                                                                     FEIN
             Address

                                                                                                      Estate or Trust Name
             City                         State                Zip

IT14108 v.WEB
                                   WEST VIRGINIA FIDUCIARY INCOME TAX RETURN
                                                    (for resident and nonresident estates and trusts)

  IT-141            Filing Period Ended                                                                Extended Due Date
                                                M     M        D     D       Y    Y       Y       Y                                M   M                Y   Y   Y    Y
                                                                                                                                            D   D
  v. 10/08
                         Simple Trust                                                                                                  Grantor Type Trust
                                                          Complex Trust                               Decedent's Estate
  Type of
                         Bankruptcy Estate                Qualified Funeral Trust
  Entity:
                                                                                                             Check one:       Resident              Nonresident

                         Date of Death:                                                                        SSN:
                                            M     M        D   D         Y   Y        Y       Y
  Decedent
  Info:                Final Individual Return Filed for Decedent                     Check if Applicable:            Final                 Amended
                                                                                                                                                                    .00
  1. Federal Taxable Income (Enter line 22, Federal Form 1041 or line 12, 1041-QFT)                                           1
                                                                                                                                                                    .00
  2. West Virginia fiduciary additions from Schedule B, line 5                                                                2
  3. West Virginia fiduciary subtractions from Schedule B, line 9                                                                                                   .00
                                                                                                                              3
                                                                                                                                                                    .00
  4. West Virginia taxable income (Line 1 plus line 2 minus line 3)                                                           4
         IF THIS IS A SIMPLE TRUST HAVING NO TAXABLE INCOME, OMIT LINES 5 - 8
  5. West Virginia Tax (check one) Rate Schedule                         Schedule NR                     Schedule T                                                 .00
                                                                                                                              5
                                                                                                                             .00
  6. Business Credits (Attach credit schedules)                                           6
  7. Credit for income taxes paid to other states                                                                            .00
                                                                                          7
                                                                                                                                                                    .00
  8. Adjusted Tax Due (Line 5 minus lines 6 and 7)                                                                           8
  9. Income Subject to Withholding (Total of Schedule A, Column F)                                                           9                                      .00
                                                                                                                             10
                                                                                                                                                                    .00
 10. West Virginia income tax withheld for nonresident beneficiaries (Total of Sch. A, Col. H)
                                                                                                                                                                    .00
                                                                                                                             11
 11.   Combined Tax Due (Sum of lines 8 and 10)
 12.   Estimated payments/Payments with extension of time                                                                    12                                     .00
 13. Tax Due (If line 12 is smaller than line 11, enter amount owed.                                                         13
                                                                                                                                                                    .00
              If line 12 is larger than line 11, enter -0- and skip to line 17)
                                                                                                                                                                    .00
                                                                                                                             14
 14. Interest for late payment
                                                                                                                             15
 15. Additions to tax for late filing and/or late payment                                                                                                           .00
                                                                                                                                                                    .00
 16. Total due with return (Add lines 13 - 15) Make check payable to WV State Tax Department                                 16
 17. Overpayment (If line 12 is larger than line 11, enter amount)                                                           .00
                                                                    17
                                                                                                                             .00
                                                                                          18
 18. Amount of line 17 to be credited to next year's tax
                                                                                                                             .00
 19. Amount to be refunded (line 17 minus line 18)                                        19

  IRC § 671-678 Grant or Trust Election




                                                                                 -1-
Estate or Trust Name:                                                               FEIN:
                          SCHEDULE A - BENEFICIARY INFORMATION AND NONRESIDENT WITHHOLDING
                                    ATTACH ADDITIONAL COPIES OF SCHEDULE AS NEEDED
                                                      NAME AND ADDRESS OF EACH BENEFICIARY
                NAME                         STREET OR OTHER MAILING ADDRESS                                 CITY                 STATE            ZIP CODE

  1.

  2.

  3.

  4.

  5.
                     COMPUTATION OF WEST VIRGINIA NONRESIDENT BENEFICIARIES WITHHOLDING TAX
               (A)                         WEST VIRGINIA FILING                                                                     (G)              (H)
                                                                                       (E)                      (F)
                                               METHOD                               IF NRW-4                BENEFICIARY
           SOCIAL                                                                 ATTACHED OR               SHARE OF WV
                                    (B)            (C)            (D)
         SECURITY #                                                                                                               RATE TAX WITHHELD
                                                                                PREVIOUSLY FILED              INCOME
                                 RESIDENT       COMPOSITE       NONRES

  1.                                                                                                                               6.5%
  2.                                                                                                                               6.5%
  3.                                                                                                                               6.5%
  4.                                                                                                                               6.5%
  5.                                                                                                                               6.5%
  6. TOTALS                                                                                                                        6.5%

       SCHEDULE B - WEST VIRGINIA FIDUCIARY MODIFICATIONS                                             COLUMN I                               COLUMN II
       ADDITIONS:                                                                                      TOTAL                              AMOUNT ALLOCATED
 1.    Interest Income on State and Municipal bonds, other than West Virginia
 2.    Lump Sum Distribution (Federal Form 4972)                                                                        If this is a
 3.    Federal Exemption (Form 1041, line 20)                                                                             Simple
                                                                                                                           Trust
       Other Additions - state nature and source* _____________________________
 4.
                                                                                                                          having
 5.    Total additions (add lines 1 through 4, Col. II enter here and on page 1, line 2)
                                                                                                                            NO
       SUBTRACTIONS:
                                                                                                                         Taxable
 6.    Interest Income on US Obligations specifically exempt from State Tax
                                                                                                                         Income,
 7.    West Virginia Exemption                                                                                   600.00 OMIT                               600.00
 8.    Other Subtractions - state nature and source* _________________________                                            Col. II
 9.    Total Subtractions (add lines 6 through 8, Col. II enter here and on page 1, line 3)
 10.   Net Fiduciary Modifications (line 5 minus line 9)
  * Electing Small Business Trusts (ESBT) - see Schedule B instructions
 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief
 it is true and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.



(Signature of Fiduciary or Officer Representing Fiduciary)                                              (Date)


Paid
                 (Signature of Preparer)                                                                                 (Date)
Preparer's
Use Only
                 (Firm's Name)                                 (Address & ZIP Code)                                      (Telephone Number)


                                                                                -2-
Estate or Trust Name:                                                    FEIN:

                                                           SCHEDULE NR
                                         PART I - NONRESIDENT INCOME AND ALLOCATION
                                           (To be completed by nonresident estates and trusts only)
                                                                                        COLUMN I                           COLUMN II
                                                                                       REPORTED ON                       ALLOCATED TO
      INCOME                                                                         FEDERAL RETURN                      WEST VIRGINIA

                                                                                                         .00                                .00
1.                                                                               1                                   1
      Interest Income (includes QFT)
                                                                                                         .00                                .00
                                                                                 2
2.                                                                                                                   2
      Dividends (includes QFT)
                                                                                                         .00                                .00
                                                                                 3
3.                                                                                                                   3
      Business Income or Loss
                                                                                                         .00                                .00
                                                                                 4
4.                                                                                                                   4
      Capital Gain or Loss (includes QFT)
                                                                                                         .00                                .00
                                                                                 5
5.                                                                                                                   5
      Rents, Royalties, Partnerships, other Estates and Trusts, etc.
                                                                                                         .00                                .00
                                                                                 6
6.                                                                                                                   6
      Farm Income or Loss
                                                                                                         .00                                .00
                                                                                 7
7.                                                                                                                   7
      Ordinary Gain or Loss
                                                                                                         .00                                .00
                                                                                 8
8.                                                                                                                   8
      Other Income (state nature of income) _____________________
                                                                                                         .00                                .00
                                                                                 9
9.                                                                                                                   9
      Total Income (add lines 1 through 8)

                                                                                        COLUMN I                           COLUMN II
                                                                                       REPORTED ON                       ALLOCATED TO
      DEDUCTIONS                                                                     FEDERAL RETURN                      WEST VIRGINIA

                                                                                                         .00                                .00
10.                                                                             10
      Interest                                                                                                      10
                                                                                                         .00                                .00
                                                                                11
11.   Taxes (includes QFT)                                                                                          11
                                                                                                         .00                                .00
                                                                                12
12.   Fiduciary Fees (includes QFT)                                                                                 12
                                                                                                         .00                                .00
                                                                                13
13.   Charitable Deduction                                                                                          13
                                                                                                         .00                                .00
                                                                                14
14.   Attorney, Accountant, and Return Preparer Fees (includes QFT)                                                 14
                                                                                                         .00                                .00
                                                                                15
15.   Other Deductions (see instructions for QFT)                                                                   15
                                                                                                         .00                                .00
                                                                                16
16.   Total (sum of lines 10 through 15)                                                                            16
                                                                                                         .00                                .00
                                                                                17
17.   Adjusted Total Income or Loss (line 9 minus line 16)                                                          17
                                                                                                         .00                                .00
                                                                                18
18.   Income Distribution Deduction                                                                                 18
                                                                                                         .00                                .00
                                                                                19
19.   Federal Exemption                                                                                             19
                                                                                                         .00                                .00
                                                                                20
20.   Total Deductions (sum of lines 18 and 19)                                                                     20
                                                                                                         .00                                .00
                                                                                21
21.   Taxable Income of Fiduciary (line 17 minus line 20)                                                           21

                                           PART II - CALCULATION OF WEST VIRGINIA TAX


22.   West Virginia Taxable Income (page 1, line 4)                                                   Note: In the case of a trust, the federal
                                                                                                      income used in the calculation of the
23.   Tentative Tax (apply rate schedule to amount on line 22)
                                                                                                      income percentage (line 4) must be
24.   Income Percentage (carry to four decimal places)                                                increased by the amount of any gain
                                                                                                      (reduced by any deductions) upon
                                  WV Income (line 21, col. II)
                                                                   =                                  which tax is imposed under section
                                Federal Income (line 21, col. I)
                                                                                                      644 of the Internal Revenue Code.
25.   West Virginia Tax (line 23 times line 24)
      (Enter here and on page 1, line 5)

          Check box on line 5, page 1 for Schedule NR




                                                                   -3-
Estate or Trust Name:                                                     FEIN:


                                                                Schedule T

                                                                                                                     .00
                                                                                                  1
 1.   Federal alternative Minumum Tax. Enter the amount shown on Federal Form 6251
                                                                                                                     .00
 2.                                                                                               2
      Enter 25% of line 1
                                                                                                                     .00
 3.                                                                                               3
      West Virginia Primary Tax (rate schedule applied to amount shown on line 4 of page 1)
                                                                                                                     .00
 4.                                                                                               4
      West Virginia minimum Tax (subtract line 3 from line 2; if zero or less, enter zero)
 5.                                                                                                                    5                 .00
      Add lines 3 and 4 (This is WV tentative tax)
 6.                                                                                                                    6                 .00
      Nonresident only, Line 5 x income % from PART II (page 3) enter here
 7.                                                                                                                    7                 .00
      West Virginia Total Tax. Residents enter line 5 and Non-Residents/Part-Year Residents enter line 6 here
      and on line 5 of page 1


                                                     Schedule T Instructions
You are required to complete Schedule T if your 2008 federal total tax includes an amount of Alternative Minimum Tax.

The amount to be entered on line 1 of Schedule T is the Federal Alternative Minimum Tax shown on Federal Form 6251.

NOTE: If you received interest income that is specifically exempt from taxation by the West Virginia Code (including interest received
from West Virginia Housing Development Authority Bonds) and it is included in your federal base income, you must recompute your
Federal Alternative Minimum Tax excluding the nontaxable income for purposes of calculating your West Virginia Minimum Tax. The
amount entered on line 1 of Schedule T should be the recomputed Federal Alternative Minimum Tax.

You should check “Schedule T” on line 5 of Form IT-141.




                                                                     -4-
Estate or Trust Name:                                                   FEIN:

                                Extension Of Time To File Fiduciary and Information Returns

NOTE: This form is to be used for requesting an extension of time to file the fiduciary return and for making tentative payments. This
form is not a subsititute for filing the annual tax returns.
WHO MAY FILE - Any Estate or Trust needing an extension of time to file the the West Virginia Fiduciary Income Tax Return (Form IT-
141) and expects to owe tax must file the voucher below. Any taxpayer granted an extension of time to file a federal return is granted the
same extension of time to file their West Virginia return. An extension of time for filing does not extend the time for payment. To avoid
interest and additions to tax for late payment, use this return to make a tentative payment pending the filing of your annual return.
WHEN TO FILE - An Estate or Trust annual West Virginia Fiduciary Income Tax return is due on or before the fifteenth day of the fourth
month following the end of the tax year.
HOW AND WHERE TO FILE - Payment of any tax balance due may be made by completing voucher below, detaching and mailing to:

                                                  West Virginia State Tax Department
                                                       Internal Auditing Division
                                                            P. O. Box 11751
                                                 Charleston, West Virginia 25339-1751

                                        Make check payable to: West Virginia State Tax Department
CLAIMING OF TENTATIVE PAYMENT - A tentative payment made by filing this voucher must be claimed on line 12 or your West
Virginia Fiduciary Income Tax Return (Form IT-141).




        PLEASE CUT HERE. USE BLUE OR BLACK INK TO COMPLETE VOUCHER. DO NOT WRITE IN BARCODE AREA.


       IT-141T                                                                                               West Virginia
                                                     EXTENSION OF TIME TO FILE                           State Tax Department
       v. 10/08

                                                        Fiduciary Tax
        IT14108 v.WEB

    1. Period Ending                      2. Account ID #                        3. Extension Date                    Y   Y     Y   Y
                                                                                                     M   M   D   D


      Name and Address
                                                                       4. Amount Enclosed                                           .00
     Name

     Address

     City                       State          Zip
INSTRUCTIONS FOR NONRESIDENT ESTATE OR TRUST
                                                                   GENERAL INSTRUCTIONS

Schedule NR must be completed for all nonresident estates and trusts,                West Virginia sources. Because of the conformity of all amounts in
including the Qualified Funeral Trust (QFT) having items of income, gain             column I of Schedule NR to the federal return, the instructions for the
or deduction derived from West Virginia sources. Schedule NR is                      federal return are equally applicable here. The specific instructions below
designed to conform to the federal fiduciary or QFT return. Column I must            relate only to column II, to be used by nonresident estates and trusts,
be completed regardless of the source of income, gain or deduction. These            including the QFT, for allocation of income and deductions to West
figures are taken directly from Federal Form 1041 or 1041-QFT. In                    Virginia and for determining the West Virginia income distribution
column II, enter the amount which is attributable to or connected with               deduction and West Virginia taxable income.




                                   SPECIFIC INSTRUCTIONS FOR SCHEDULE NR (Column II)
                                             Enter that amount which is attributable to West Virginia only

Lines 1 and 2 (Include the QFT) - Interest and dividends: Interest and               Line 12 (Include the QFT) - Fiduciary/Trustee fees: Enter the
dividends should be allocated to West Virginia only to the extent that such          deductible fees paid to the fiduciary for administering the estate, trust, or
                                                                                     QFT during the tax year that are connected to West Virginia. Note:
income is from property employed in a business, trade, profession or
occupation carried on in this State.                                                 Fiduciary/Trustee fees deducted on Federal Form 706 cannot be deducted
                                                                                     on this form.
Line 3 -Business income or loss: Enter the amount of gross profit or loss
                                                                                     Line 13 - Charitable deduction: Charitable contributions can be allocated
from any trade, business or profession carried on within West Virginia. If
separate accounting is not maintained for the West Virginia business,                to the extent they are made to West Virginia charities or are gifts to the
income derived from business carried on both within and outside of the               State or any political subdivision of the State.
State must be allocated by a fair and equitable method; and such method of
                                                                                     Line 14 (Include the QFT) - Attorney, accountant, and return
allocation must be explained by a separate statement attached to the return.
                                                                                     preparer fees: Enter the deductible fees paid by the estate or trust during
Line 4 (Include the QFT) - Capital gain or loss: Enter the net amount of             the tax year that are connected with West Virginia.
gains or losses from capital assets. The net gains or losses allocable to
                                                                                     Line 15 (Estate or Trust filing a 1041) - Other deductions: Enter the
West Virginia are those from the sale or exchange of property having a
                                                                                     total amount of all other expenses authorized by law and allocated to West
situs within the State.
                                                                                     Virginia. These expenses must be connected with income previously
Line 5 - Rents, royalties, partnerships, other estates and trusts: Enter             allocated to West Virginia. Additional instructions for QFT filers: Other
the amount of gross rents and royalties received from real or tangible               deductions not subject to the 2% Floor: Enter the total amount of all other
personal property having a situs in West Virginia. Also, enter the amount            expenses authorized by law and allocated to West Virginia. These
of income from partnerships and other fiduciaries. This would be the                 expenses must be connected with income previously allocated to West
proportionate share of income from a resident partnership, estate or trust,          Virginia. Allowable miscellaneous deductions subject to the 2% Floor:
or from the West Virginia portion of a nonresident partnership, estate or            Enter the amount of the allowable miscellaneous deductions subject to the
trust.                                                                               2% Floor. These deductions must be connected with income previously
                                                                                     allocated to West Virginia.
Line 7 - Ordinary gain or loss: Enter the amount of gain or loss from the
                                                                                     Line 18 - Income distribution deduction: In order to establish the West
sale or exchange of property other than capital assets and also from
involuntary conversions (other than casualty or theft).                              Virginia allocation percentage, divide the amount on line 17, col. II by the
                                                                                     amount on line 17, col. I. Multiply the West Virginia percentage by
Line 8 - Other income: Enter the total amount of other income which is               amount on line 18, col. I and enter the product in col. II. This amount will
allocated to West Virginia and not specifically mentioned above.                     be your West Virginia distribution deduction.

Line 10 - Interest: Enter the total amount of interest expense allocated to
                                                                                     Line 19 - Federal exemption: Enter the amount of the federal exemption
West Virginia. Interest is only allocated to the extent to which it can be
                                                                                     from Form 1041, in both col. I and col. II (this amount need not be
related to items of income allocated to West Virginia.
                                                                                     allocated).

Line 11 (Include the QFT) - Taxes: Enter the amount of taxes allocated
to West Virginia. Taxes are allocated to the extent such are connected with
the operation of a business or property having a situs within the State.




                                                                               -6-
WEST VIRGINIA FIDUCIARY INCOME TAX RETURN INSTRUCTIONS
                                          GENERAL INSTRUCTIONS
RESIDENT AND NONRESIDENT ESTATE, TRUST, AND QFT DEFINED -                                   six and one-half percent (.65) of a pass-through entity's effectively connected
WV is a federal conformity state. When a Federal 1041 or Federal 1041-QFT is                taxable income, which may be lawfully taxed by West Virginia, and which is
filed with the IRS, then any resident or non resident estate, trust, or QFT would be        allocable to a nonresident beneficiary.
required to file the IT-141 or IT-141-QFT with the WV State Tax Department. For             The nonresident beneficiaries may claim the amount to tax withheld as a credit
income tax purposes as filed on the IT-141, a resident estate or trust means: (a) the       against his or her West Virginia Personal Income Tax liability by attaching a copy
estate of a decedent who at his/her death was domiciled in this state, (b) a trust          of the information statement provided by the Estate or Trust to their West Virginia
created by will of a decedent who at his/her death was domiciled in this state, or (c)      Nonresident Personal Income Tax Return, Form IT-140.
a trust created by or consisting of property of a person domiciled in this state.
                                                                                            PAYMENT OF TAX WITHHELD -The entire amount of tax withheld from the
Form IT-141 marked as QFT is required when the Federal 1041-QFT is filed
                                                                                            nonresident beneficiary is required to be paid with the annual return Form IT-141
according to §685 of the Internal Revenue Code to permit certain trusts to elect
                                                                                            on or before the 15th day of the fourth month following the close of the taxable
Qualified Funeral Trust Status (QFT). A nonresident estate, trust, or QFT is
                                                                                            year of the Estate or Trust. Make check payable to the West Virginia State Tax
required to file the IT-141 or the IT-141 marked as a QFT and report the income
                                                                                            Department. An extension of time to file does not extend the date for payment of
that is attributable to West Virginia. The residence of the fiduciary does not affect
                                                                                            tax.
the classification of the estate, trust, or QFT as a resident or nonresident. Note:
The IT-141-QFT will no longer be a separate return. It will be integrated with the          INFORMATION STATEMENT OF TAX WITHHELD -Every Estate or Trust
IT-141 with a selection box if an IT-141-QFT is required.                                   required to deduct and withhold tax on nonresident beneficiaries must provide an
                                                                                            information statement to each nonresident beneficiary on or before the date it files
ESTATES, TRUSTS, AND QFT REQUIRED TO FILE A RETURN -
                                                                                            its West Virginia Fiduciary Tax Return. The information statement shall show the
Fiduciary returns must be filed for the following estates and trusts:
                                                                                            amount of West Virginia Income subject to withholding and the amount of West
     (a)   Resident estates, trusts, or QFT's required to file a Federal Income Tax         Virginia Income Tax withheld. The Estate or Trust may satisfy this requirement by
           return, or having any West Virginia taxable income.
                                                                                            indicating this information on Form WV/NRW-2, Statement of West Virginia
     (b)   Nonresident estates, trusts, or QFT's having items of income or gain
                                                                                            Income Tax Withheld for Nonresident Individual or Organization or in the
           derived from West Virginia sources.
                                                                                            supplemental area of the nonresident beneficiary's copy of Federal Schedule K-1 or
WHEN TO FILE -All returns must be filed on or before the 15th day of the fourth             by an attachment to the Federal Schedule K-1 listing the same information. The
month following the close of the taxable year. The taxable year of the estate, trust,       nonresident beneficiary must attach their copy of this statement to their
or QFT for West Virginia income tax purposes is the same as the one used for                WEST VIRGINIA Income Tax Return to claim credit for the tax withheld.
federal tax purposes.
                                                                                            COMPOSITE RETURN -An Estate or Trust, instead of withholding tax on
WHERE TO FILE -All returns must be filed with the West Virginia State Tax                   taxable distributions to its nonresident beneficiaries, may opt instead to satisfy the
Department, Internal Auditing Division, P.O. Box 1071, Charleston, West Virginia            nonresident withholding requirements by filing a West Virginia Nonresident
25324-1071.                                                                                 Composite Income Tax Return (Form IT-140NRC) for its nonresident
                                                                                            beneficiaries. A composite return is a return filed on a group basis as though there
USE OF FEDERAL FIGURES -All items of income and deduction to be used for
                                                                                            was only one taxpayer. A list setting forth the name, address, social security
West Virginia tax purposes are the same as for federal tax purposes and the
                                                                                            number and the beneficiary's share of West Virginia income of each beneficiary
meaning of all terms is the same, but are subject to verification, audit and revision.
                                                                                            included in the return must be maintained. The list should not be submitted with
Please see the instructions for nonresident estates or trusts.
                                                                                            the composite return, but should be made available to the West Virginia State Tax
EXTENSION OF TIME TO FILE -Any estate, trust, or QFT needing an
                                                                                            Department upon request. The return does not have to be signed by each
extension of time to file the West Virginia Fiduciary Income Tax Return (Form IT-           nonresident beneficiary. However, it must be signed by the executor or
141) and/ or that expects to owe income tax and/or nonresident withholding tax              administrator of the estate, or trustee of the trust filing the composite return.
(QFT not required to pay the nonresident withholding tax) must file Form IT-141T,
                                                                                            When filing a composite return, no personal exemptions may be utilized and the
Extension of Time to File Information Returns. File Form IT-141T on or before the
                                                                                            rate of tax is six and one-half (.065) percent of the taxable income. The Estate or
due date of your return. Any estate or trust granted an extension of time to file their
                                                                                            Trust is responsible for collecting and remitting all income tax due at the time the
federal return is granted the same extension of time to file their West Virginia
                                                                                            return is filed. The due date for the composite return is the 15th day of the fourth
return. An extension of time to file does not extend the time for payment. To avoid
                                                                                            month following the close of the taxable year. A $50.00 filing fee must accompany
interest and additions to tax for late payment, use Form IT-141T to make a
                                                                                            the composite return.
tentative payment pending the filing of your annual return.
                                                                                            Any nonresident beneficiary included in a composite return that has income from
NONRESIDENT BENEFICIARY WITHHOLDING -Estates and Trusts are
                                                                                            any other West Virginia source, must file a separate Nonresident Personal Income
required to withhold West Virginia Income Tax from each nonresident beneficiary
                                                                                            Tax Return and pay Personal Income Tax on the other West Virginia source
that has not given to the Estate or Trust a West Virginia Nonresident Income Tax
                                                                                            income.
Agreement, Form WV/NRW-4. The amount of withholding tax payable is

                                                                 SPECIFIC INSTRUCTIONS
A resident estate, trust, or QFT must complete page 1 and Schedule A and B (if              any previous payments with extension of time, or if this is an amended return enter
applicable) of Form IT-141. A nonresident estate, trust, or QFT must also complete          the amount of fiduciary income and nonresident withholding tax paid with the
Schedule NR, Parts I and II. A simple trust having no taxable income must                   original return.
complete the first three lines of page 1, and Schedules A and B, if applicable.             Line 14 - Interest: You must pay the entire tax due on or before the due date of the
Line 5 - West Virginia tax: The amount of West Virginia income tax is to be                 tax return (determined without regard to an extension of time to file). If you do not
calculated from the West Virginia Tax Rate Schedule. A nonresident estate, trust,           pay the entire tax due on or before the due date, you must pay interest on the
or QFT must complete Schedule NR to determine the amount of West Virginia tax.              amount of the underpayment from the due date to the date paid. Interest is always
If the estate or trust was subject to the Federal Minimum or Alternative Minimum            due, without exception, on any underpayment of tax.
Tax, Schedule T must be used to compute the West Virginia total tax due.                    Interest is imposed at an adjusted rate established by the Tax Commissioner. The
Line 6 - Business Credits: The sum of the following (1) Credit for B&O Tax                  annual rate will never be less than eight percent (.08). The interest rate will be
imposed (Sch. C in the Personal Income Tax Booklet), (2) Military Incentive                 determined and in effect for periods of six months.
Credit (Sch. J), (3) WV Capital Company Credit (Sch. CCP), (4) WV Business                  Contact the West Virginia State Tax Department, Taxpayer Services Division, for
Investment and Jobs Expansion Credit (Sch. BCS-1 or BCS-Small), and (5) Credit              the interest rate currently in effect . The telephone number is (304) 558-3333 or toll
for Qualified Rehabilitated Buildings Investment (Sch. RBIC).                               free to: 1-800-982-8297.
Line 7 - Credit for income taxes paid to other states: The amount to be entered             Line 15 - Additions to Tax - Late Filing: Additions to tax are imposed for failure
here is to be determined by the completion of Schedule E, Form IT140 (West                  to file a return on or before the due date (determined without regard to an extension
Virginia Resident Income Tax Return). The schedule and a copy of the other state's          of time to file). On any amount of tax shown to be due on the return, the additions
return must be attached to support this entry.                                              to tax for late filing is five percent (.05) per month or any part of a month not to
Line 12 - Fiduciary Income & Nonresident Withholding Tax Payments: Enter                    exceed twenty-five percent (.25).
fiduciary income and nonresident withholding tax payments on this line. Include
                                                                                          -7-
Column E: Check this column if you have received or previously had on file, a
Late Payment: Additions to tax are imposed for failure to pay all tax shown to be
                                                                                          completed Form WV/NRW-4 from this nonresident beneficiary. Do not complete
due on a return on or before the due date (determined without regard to an
                                                                                          columns F through H if you checked column E. If you received the Form NRW-4
extension of time to file). Additions to tax for late payment are imposed at the rate
                                                                                          during the current taxable year, a copy must be attached to your West Virginia
of one half of one percent (.005) per month or part of a month not to exceed twenty
                                                                                          Fiduciary Income Tax Return when filed.
-five percent (.25).
                                                                                          Column F: Enter the amount of West Virginia source income allocated to this
When both the five percent (.05) additions to tax for late filing and the one half of
                                                                                          nonresident beneficiary.
one percent (.005) additions to tax for late payment are imposed, the maximum
monthly percent is five percent (.05) not to exceed forty-seven and one-half percent      Column H: Multiply the dollar amount in column F by the tax rate in column G
(.475) of the tax due.                                                                    and enter the result in column H.
Line 16 - Total Due With Return: Remit the amount on line 16 by check made                Line 6: Total columns F and H. If you have attached additional copies of Schedule
payable to the West Virginia State Tax Department.                                        A enter the grand total of the columns from all the copies of Schedule A on the first
                                                                                          Schedule A and label the figures as quot;grand totalquot;.
            SCHEDULE A: BENEFICIARY INFORMATION AND                                       Transfer the appropriate column totals to the front of the return.
                  NONRESIDENT WITHHOLDING
                                                                                               SCHEDULE B: WEST VIRGINIA FIDUCIARY MODIFICATIONS
Enter the name, address, city, state, and zip code of each beneficiary that the
Estate/Trust had during its taxable year. If additional space is needed, attach           The income of the estate, trust, or QFT for federal tax purposes may be subject to a
additional copies of Schedule A.                                                          fiduciary modification for West Virginia tax purposes. Some of these modifications
Column A: Enter the social security number of the beneficiary listed on the same          increase and others decrease income for West Virginia tax purposes. The net
numbered line in the top part of Schedule A.                                              modification may be a plus or a minus figure. In column I, enter the total amount of
                                                                                          all additions and subtractions. On line 10, column I, enter the difference between
Column B: If the beneficiary is a resident of West Virginia check this column. Do
                                                                                          the additions and subtractions. If this is a complex trust or estate, or a simple trust
not complete columns C through H for a West Virginia resident beneficiary.
                                                                                          having taxable income, complete column II by entering that share of the
Column C: If the beneficiary is a nonresident of West Virginia and the Estate or          modification which is allocable to the estate, trust, or QFT.
Trust will satisfy the nonresident withholding requirements by filing a composite
                                                                                          Electing Small Business Trusts (ESBT) - Income from an ESBT not shown in
return for its nonresident beneficiaries, check this column. Do not complete
                                                                                          federal taxable income should be reported on Line 4, Other Additions. Losses
columns D through H if you are filing a composite return for nonresident
                                                                                          from and ESBT not shown in federal taxable income should be reported on Line 8,
beneficiaries.
                                                                                          Other Subtractions.
Column D: If the beneficiary is a nonresident of West Virginia and the Estate or
Trust is not filing a composite return for its nonresident beneficiaries check this
column.



                                             WEST VIRGINIA TAX RATE SCHEDULE FOR RESIDENT
                                                  AND NONRESIDENT ESTATES AND TRUSTS
                                                  APPLY RATE SCHEDULE TO THE WEST VIRGINIA
                                                          TAXABLE INCOME ON LINE 4

                                        Less than $10,000 ..................................................... 3% of the taxable income
                                        At least -              But less than -
                                        $10,000                 $25,000 ........... $ 300.00 plus 4% of excess over $10,000
                                        $25,000                 $40,000 ........... $ 900.00 plus 4.5% of excess over $25,000
                                        $40,000                 $60,000 ........... $1,575.00 plus 6% of excess over $40,000

                                        $60,000 ……..........................…... $2,775.00 plus 6.5% of excess over $60,000


                                              For Tax Information:                                                Mail to:
                                                 (304) 558-3333                                     West Virginia State Tax Department
                                                  or Toll-Free                                          Internal Auditing Division
                                                 1-800-982-8297                                               P.O. Box 1071
                                              (1-800-WVA-TAXS)                                         Charleston, WV 25324-1071

                                                To Order Forms:                                                Internet Address
                                                                                                            http: //www.wvtax.gov
                                                (304) 344-2068 or
                                             Toll-Free West Virginia
                                                 1-800-422-2075

                                             Hearing Impaired?
                                          TDD Service 1-800-282-9833
                                             (1-800-2TAXTDD)




                                                                                        -8-

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it141 state.wv.us/taxrev/forms

  • 1. STATE OF WEST VIRGINIA State Tax Department, Internal Auditing Division P.O. Box 1071 Charleston, WV 25324-1071 Joe Manchin III, Governor Christopher G. Morris, Tax Commissioner Name FEIN Address Estate or Trust Name City State Zip IT14108 v.WEB WEST VIRGINIA FIDUCIARY INCOME TAX RETURN (for resident and nonresident estates and trusts) IT-141 Filing Period Ended Extended Due Date M M D D Y Y Y Y M M Y Y Y Y D D v. 10/08 Simple Trust Grantor Type Trust Complex Trust Decedent's Estate Type of Bankruptcy Estate Qualified Funeral Trust Entity: Check one: Resident Nonresident Date of Death: SSN: M M D D Y Y Y Y Decedent Info: Final Individual Return Filed for Decedent Check if Applicable: Final Amended .00 1. Federal Taxable Income (Enter line 22, Federal Form 1041 or line 12, 1041-QFT) 1 .00 2. West Virginia fiduciary additions from Schedule B, line 5 2 3. West Virginia fiduciary subtractions from Schedule B, line 9 .00 3 .00 4. West Virginia taxable income (Line 1 plus line 2 minus line 3) 4 IF THIS IS A SIMPLE TRUST HAVING NO TAXABLE INCOME, OMIT LINES 5 - 8 5. West Virginia Tax (check one) Rate Schedule Schedule NR Schedule T .00 5 .00 6. Business Credits (Attach credit schedules) 6 7. Credit for income taxes paid to other states .00 7 .00 8. Adjusted Tax Due (Line 5 minus lines 6 and 7) 8 9. Income Subject to Withholding (Total of Schedule A, Column F) 9 .00 10 .00 10. West Virginia income tax withheld for nonresident beneficiaries (Total of Sch. A, Col. H) .00 11 11. Combined Tax Due (Sum of lines 8 and 10) 12. Estimated payments/Payments with extension of time 12 .00 13. Tax Due (If line 12 is smaller than line 11, enter amount owed. 13 .00 If line 12 is larger than line 11, enter -0- and skip to line 17) .00 14 14. Interest for late payment 15 15. Additions to tax for late filing and/or late payment .00 .00 16. Total due with return (Add lines 13 - 15) Make check payable to WV State Tax Department 16 17. Overpayment (If line 12 is larger than line 11, enter amount) .00 17 .00 18 18. Amount of line 17 to be credited to next year's tax .00 19. Amount to be refunded (line 17 minus line 18) 19 IRC § 671-678 Grant or Trust Election -1-
  • 2. Estate or Trust Name: FEIN: SCHEDULE A - BENEFICIARY INFORMATION AND NONRESIDENT WITHHOLDING ATTACH ADDITIONAL COPIES OF SCHEDULE AS NEEDED NAME AND ADDRESS OF EACH BENEFICIARY NAME STREET OR OTHER MAILING ADDRESS CITY STATE ZIP CODE 1. 2. 3. 4. 5. COMPUTATION OF WEST VIRGINIA NONRESIDENT BENEFICIARIES WITHHOLDING TAX (A) WEST VIRGINIA FILING (G) (H) (E) (F) METHOD IF NRW-4 BENEFICIARY SOCIAL ATTACHED OR SHARE OF WV (B) (C) (D) SECURITY # RATE TAX WITHHELD PREVIOUSLY FILED INCOME RESIDENT COMPOSITE NONRES 1. 6.5% 2. 6.5% 3. 6.5% 4. 6.5% 5. 6.5% 6. TOTALS 6.5% SCHEDULE B - WEST VIRGINIA FIDUCIARY MODIFICATIONS COLUMN I COLUMN II ADDITIONS: TOTAL AMOUNT ALLOCATED 1. Interest Income on State and Municipal bonds, other than West Virginia 2. Lump Sum Distribution (Federal Form 4972) If this is a 3. Federal Exemption (Form 1041, line 20) Simple Trust Other Additions - state nature and source* _____________________________ 4. having 5. Total additions (add lines 1 through 4, Col. II enter here and on page 1, line 2) NO SUBTRACTIONS: Taxable 6. Interest Income on US Obligations specifically exempt from State Tax Income, 7. West Virginia Exemption 600.00 OMIT 600.00 8. Other Subtractions - state nature and source* _________________________ Col. II 9. Total Subtractions (add lines 6 through 8, Col. II enter here and on page 1, line 3) 10. Net Fiduciary Modifications (line 5 minus line 9) * Electing Small Business Trusts (ESBT) - see Schedule B instructions Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief it is true and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. (Signature of Fiduciary or Officer Representing Fiduciary) (Date) Paid (Signature of Preparer) (Date) Preparer's Use Only (Firm's Name) (Address & ZIP Code) (Telephone Number) -2-
  • 3. Estate or Trust Name: FEIN: SCHEDULE NR PART I - NONRESIDENT INCOME AND ALLOCATION (To be completed by nonresident estates and trusts only) COLUMN I COLUMN II REPORTED ON ALLOCATED TO INCOME FEDERAL RETURN WEST VIRGINIA .00 .00 1. 1 1 Interest Income (includes QFT) .00 .00 2 2. 2 Dividends (includes QFT) .00 .00 3 3. 3 Business Income or Loss .00 .00 4 4. 4 Capital Gain or Loss (includes QFT) .00 .00 5 5. 5 Rents, Royalties, Partnerships, other Estates and Trusts, etc. .00 .00 6 6. 6 Farm Income or Loss .00 .00 7 7. 7 Ordinary Gain or Loss .00 .00 8 8. 8 Other Income (state nature of income) _____________________ .00 .00 9 9. 9 Total Income (add lines 1 through 8) COLUMN I COLUMN II REPORTED ON ALLOCATED TO DEDUCTIONS FEDERAL RETURN WEST VIRGINIA .00 .00 10. 10 Interest 10 .00 .00 11 11. Taxes (includes QFT) 11 .00 .00 12 12. Fiduciary Fees (includes QFT) 12 .00 .00 13 13. Charitable Deduction 13 .00 .00 14 14. Attorney, Accountant, and Return Preparer Fees (includes QFT) 14 .00 .00 15 15. Other Deductions (see instructions for QFT) 15 .00 .00 16 16. Total (sum of lines 10 through 15) 16 .00 .00 17 17. Adjusted Total Income or Loss (line 9 minus line 16) 17 .00 .00 18 18. Income Distribution Deduction 18 .00 .00 19 19. Federal Exemption 19 .00 .00 20 20. Total Deductions (sum of lines 18 and 19) 20 .00 .00 21 21. Taxable Income of Fiduciary (line 17 minus line 20) 21 PART II - CALCULATION OF WEST VIRGINIA TAX 22. West Virginia Taxable Income (page 1, line 4) Note: In the case of a trust, the federal income used in the calculation of the 23. Tentative Tax (apply rate schedule to amount on line 22) income percentage (line 4) must be 24. Income Percentage (carry to four decimal places) increased by the amount of any gain (reduced by any deductions) upon WV Income (line 21, col. II) = which tax is imposed under section Federal Income (line 21, col. I) 644 of the Internal Revenue Code. 25. West Virginia Tax (line 23 times line 24) (Enter here and on page 1, line 5) Check box on line 5, page 1 for Schedule NR -3-
  • 4. Estate or Trust Name: FEIN: Schedule T .00 1 1. Federal alternative Minumum Tax. Enter the amount shown on Federal Form 6251 .00 2. 2 Enter 25% of line 1 .00 3. 3 West Virginia Primary Tax (rate schedule applied to amount shown on line 4 of page 1) .00 4. 4 West Virginia minimum Tax (subtract line 3 from line 2; if zero or less, enter zero) 5. 5 .00 Add lines 3 and 4 (This is WV tentative tax) 6. 6 .00 Nonresident only, Line 5 x income % from PART II (page 3) enter here 7. 7 .00 West Virginia Total Tax. Residents enter line 5 and Non-Residents/Part-Year Residents enter line 6 here and on line 5 of page 1 Schedule T Instructions You are required to complete Schedule T if your 2008 federal total tax includes an amount of Alternative Minimum Tax. The amount to be entered on line 1 of Schedule T is the Federal Alternative Minimum Tax shown on Federal Form 6251. NOTE: If you received interest income that is specifically exempt from taxation by the West Virginia Code (including interest received from West Virginia Housing Development Authority Bonds) and it is included in your federal base income, you must recompute your Federal Alternative Minimum Tax excluding the nontaxable income for purposes of calculating your West Virginia Minimum Tax. The amount entered on line 1 of Schedule T should be the recomputed Federal Alternative Minimum Tax. You should check “Schedule T” on line 5 of Form IT-141. -4-
  • 5. Estate or Trust Name: FEIN: Extension Of Time To File Fiduciary and Information Returns NOTE: This form is to be used for requesting an extension of time to file the fiduciary return and for making tentative payments. This form is not a subsititute for filing the annual tax returns. WHO MAY FILE - Any Estate or Trust needing an extension of time to file the the West Virginia Fiduciary Income Tax Return (Form IT- 141) and expects to owe tax must file the voucher below. Any taxpayer granted an extension of time to file a federal return is granted the same extension of time to file their West Virginia return. An extension of time for filing does not extend the time for payment. To avoid interest and additions to tax for late payment, use this return to make a tentative payment pending the filing of your annual return. WHEN TO FILE - An Estate or Trust annual West Virginia Fiduciary Income Tax return is due on or before the fifteenth day of the fourth month following the end of the tax year. HOW AND WHERE TO FILE - Payment of any tax balance due may be made by completing voucher below, detaching and mailing to: West Virginia State Tax Department Internal Auditing Division P. O. Box 11751 Charleston, West Virginia 25339-1751 Make check payable to: West Virginia State Tax Department CLAIMING OF TENTATIVE PAYMENT - A tentative payment made by filing this voucher must be claimed on line 12 or your West Virginia Fiduciary Income Tax Return (Form IT-141). PLEASE CUT HERE. USE BLUE OR BLACK INK TO COMPLETE VOUCHER. DO NOT WRITE IN BARCODE AREA. IT-141T West Virginia EXTENSION OF TIME TO FILE State Tax Department v. 10/08 Fiduciary Tax IT14108 v.WEB 1. Period Ending 2. Account ID # 3. Extension Date Y Y Y Y M M D D Name and Address 4. Amount Enclosed .00 Name Address City State Zip
  • 6. INSTRUCTIONS FOR NONRESIDENT ESTATE OR TRUST GENERAL INSTRUCTIONS Schedule NR must be completed for all nonresident estates and trusts, West Virginia sources. Because of the conformity of all amounts in including the Qualified Funeral Trust (QFT) having items of income, gain column I of Schedule NR to the federal return, the instructions for the or deduction derived from West Virginia sources. Schedule NR is federal return are equally applicable here. The specific instructions below designed to conform to the federal fiduciary or QFT return. Column I must relate only to column II, to be used by nonresident estates and trusts, be completed regardless of the source of income, gain or deduction. These including the QFT, for allocation of income and deductions to West figures are taken directly from Federal Form 1041 or 1041-QFT. In Virginia and for determining the West Virginia income distribution column II, enter the amount which is attributable to or connected with deduction and West Virginia taxable income. SPECIFIC INSTRUCTIONS FOR SCHEDULE NR (Column II) Enter that amount which is attributable to West Virginia only Lines 1 and 2 (Include the QFT) - Interest and dividends: Interest and Line 12 (Include the QFT) - Fiduciary/Trustee fees: Enter the dividends should be allocated to West Virginia only to the extent that such deductible fees paid to the fiduciary for administering the estate, trust, or QFT during the tax year that are connected to West Virginia. Note: income is from property employed in a business, trade, profession or occupation carried on in this State. Fiduciary/Trustee fees deducted on Federal Form 706 cannot be deducted on this form. Line 3 -Business income or loss: Enter the amount of gross profit or loss Line 13 - Charitable deduction: Charitable contributions can be allocated from any trade, business or profession carried on within West Virginia. If separate accounting is not maintained for the West Virginia business, to the extent they are made to West Virginia charities or are gifts to the income derived from business carried on both within and outside of the State or any political subdivision of the State. State must be allocated by a fair and equitable method; and such method of Line 14 (Include the QFT) - Attorney, accountant, and return allocation must be explained by a separate statement attached to the return. preparer fees: Enter the deductible fees paid by the estate or trust during Line 4 (Include the QFT) - Capital gain or loss: Enter the net amount of the tax year that are connected with West Virginia. gains or losses from capital assets. The net gains or losses allocable to Line 15 (Estate or Trust filing a 1041) - Other deductions: Enter the West Virginia are those from the sale or exchange of property having a total amount of all other expenses authorized by law and allocated to West situs within the State. Virginia. These expenses must be connected with income previously Line 5 - Rents, royalties, partnerships, other estates and trusts: Enter allocated to West Virginia. Additional instructions for QFT filers: Other the amount of gross rents and royalties received from real or tangible deductions not subject to the 2% Floor: Enter the total amount of all other personal property having a situs in West Virginia. Also, enter the amount expenses authorized by law and allocated to West Virginia. These of income from partnerships and other fiduciaries. This would be the expenses must be connected with income previously allocated to West proportionate share of income from a resident partnership, estate or trust, Virginia. Allowable miscellaneous deductions subject to the 2% Floor: or from the West Virginia portion of a nonresident partnership, estate or Enter the amount of the allowable miscellaneous deductions subject to the trust. 2% Floor. These deductions must be connected with income previously allocated to West Virginia. Line 7 - Ordinary gain or loss: Enter the amount of gain or loss from the Line 18 - Income distribution deduction: In order to establish the West sale or exchange of property other than capital assets and also from involuntary conversions (other than casualty or theft). Virginia allocation percentage, divide the amount on line 17, col. II by the amount on line 17, col. I. Multiply the West Virginia percentage by Line 8 - Other income: Enter the total amount of other income which is amount on line 18, col. I and enter the product in col. II. This amount will allocated to West Virginia and not specifically mentioned above. be your West Virginia distribution deduction. Line 10 - Interest: Enter the total amount of interest expense allocated to Line 19 - Federal exemption: Enter the amount of the federal exemption West Virginia. Interest is only allocated to the extent to which it can be from Form 1041, in both col. I and col. II (this amount need not be related to items of income allocated to West Virginia. allocated). Line 11 (Include the QFT) - Taxes: Enter the amount of taxes allocated to West Virginia. Taxes are allocated to the extent such are connected with the operation of a business or property having a situs within the State. -6-
  • 7. WEST VIRGINIA FIDUCIARY INCOME TAX RETURN INSTRUCTIONS GENERAL INSTRUCTIONS RESIDENT AND NONRESIDENT ESTATE, TRUST, AND QFT DEFINED - six and one-half percent (.65) of a pass-through entity's effectively connected WV is a federal conformity state. When a Federal 1041 or Federal 1041-QFT is taxable income, which may be lawfully taxed by West Virginia, and which is filed with the IRS, then any resident or non resident estate, trust, or QFT would be allocable to a nonresident beneficiary. required to file the IT-141 or IT-141-QFT with the WV State Tax Department. For The nonresident beneficiaries may claim the amount to tax withheld as a credit income tax purposes as filed on the IT-141, a resident estate or trust means: (a) the against his or her West Virginia Personal Income Tax liability by attaching a copy estate of a decedent who at his/her death was domiciled in this state, (b) a trust of the information statement provided by the Estate or Trust to their West Virginia created by will of a decedent who at his/her death was domiciled in this state, or (c) Nonresident Personal Income Tax Return, Form IT-140. a trust created by or consisting of property of a person domiciled in this state. PAYMENT OF TAX WITHHELD -The entire amount of tax withheld from the Form IT-141 marked as QFT is required when the Federal 1041-QFT is filed nonresident beneficiary is required to be paid with the annual return Form IT-141 according to §685 of the Internal Revenue Code to permit certain trusts to elect on or before the 15th day of the fourth month following the close of the taxable Qualified Funeral Trust Status (QFT). A nonresident estate, trust, or QFT is year of the Estate or Trust. Make check payable to the West Virginia State Tax required to file the IT-141 or the IT-141 marked as a QFT and report the income Department. An extension of time to file does not extend the date for payment of that is attributable to West Virginia. The residence of the fiduciary does not affect tax. the classification of the estate, trust, or QFT as a resident or nonresident. Note: The IT-141-QFT will no longer be a separate return. It will be integrated with the INFORMATION STATEMENT OF TAX WITHHELD -Every Estate or Trust IT-141 with a selection box if an IT-141-QFT is required. required to deduct and withhold tax on nonresident beneficiaries must provide an information statement to each nonresident beneficiary on or before the date it files ESTATES, TRUSTS, AND QFT REQUIRED TO FILE A RETURN - its West Virginia Fiduciary Tax Return. The information statement shall show the Fiduciary returns must be filed for the following estates and trusts: amount of West Virginia Income subject to withholding and the amount of West (a) Resident estates, trusts, or QFT's required to file a Federal Income Tax Virginia Income Tax withheld. The Estate or Trust may satisfy this requirement by return, or having any West Virginia taxable income. indicating this information on Form WV/NRW-2, Statement of West Virginia (b) Nonresident estates, trusts, or QFT's having items of income or gain Income Tax Withheld for Nonresident Individual or Organization or in the derived from West Virginia sources. supplemental area of the nonresident beneficiary's copy of Federal Schedule K-1 or WHEN TO FILE -All returns must be filed on or before the 15th day of the fourth by an attachment to the Federal Schedule K-1 listing the same information. The month following the close of the taxable year. The taxable year of the estate, trust, nonresident beneficiary must attach their copy of this statement to their or QFT for West Virginia income tax purposes is the same as the one used for WEST VIRGINIA Income Tax Return to claim credit for the tax withheld. federal tax purposes. COMPOSITE RETURN -An Estate or Trust, instead of withholding tax on WHERE TO FILE -All returns must be filed with the West Virginia State Tax taxable distributions to its nonresident beneficiaries, may opt instead to satisfy the Department, Internal Auditing Division, P.O. Box 1071, Charleston, West Virginia nonresident withholding requirements by filing a West Virginia Nonresident 25324-1071. Composite Income Tax Return (Form IT-140NRC) for its nonresident beneficiaries. A composite return is a return filed on a group basis as though there USE OF FEDERAL FIGURES -All items of income and deduction to be used for was only one taxpayer. A list setting forth the name, address, social security West Virginia tax purposes are the same as for federal tax purposes and the number and the beneficiary's share of West Virginia income of each beneficiary meaning of all terms is the same, but are subject to verification, audit and revision. included in the return must be maintained. The list should not be submitted with Please see the instructions for nonresident estates or trusts. the composite return, but should be made available to the West Virginia State Tax EXTENSION OF TIME TO FILE -Any estate, trust, or QFT needing an Department upon request. The return does not have to be signed by each extension of time to file the West Virginia Fiduciary Income Tax Return (Form IT- nonresident beneficiary. However, it must be signed by the executor or 141) and/ or that expects to owe income tax and/or nonresident withholding tax administrator of the estate, or trustee of the trust filing the composite return. (QFT not required to pay the nonresident withholding tax) must file Form IT-141T, When filing a composite return, no personal exemptions may be utilized and the Extension of Time to File Information Returns. File Form IT-141T on or before the rate of tax is six and one-half (.065) percent of the taxable income. The Estate or due date of your return. Any estate or trust granted an extension of time to file their Trust is responsible for collecting and remitting all income tax due at the time the federal return is granted the same extension of time to file their West Virginia return is filed. The due date for the composite return is the 15th day of the fourth return. An extension of time to file does not extend the time for payment. To avoid month following the close of the taxable year. A $50.00 filing fee must accompany interest and additions to tax for late payment, use Form IT-141T to make a the composite return. tentative payment pending the filing of your annual return. Any nonresident beneficiary included in a composite return that has income from NONRESIDENT BENEFICIARY WITHHOLDING -Estates and Trusts are any other West Virginia source, must file a separate Nonresident Personal Income required to withhold West Virginia Income Tax from each nonresident beneficiary Tax Return and pay Personal Income Tax on the other West Virginia source that has not given to the Estate or Trust a West Virginia Nonresident Income Tax income. Agreement, Form WV/NRW-4. The amount of withholding tax payable is SPECIFIC INSTRUCTIONS A resident estate, trust, or QFT must complete page 1 and Schedule A and B (if any previous payments with extension of time, or if this is an amended return enter applicable) of Form IT-141. A nonresident estate, trust, or QFT must also complete the amount of fiduciary income and nonresident withholding tax paid with the Schedule NR, Parts I and II. A simple trust having no taxable income must original return. complete the first three lines of page 1, and Schedules A and B, if applicable. Line 14 - Interest: You must pay the entire tax due on or before the due date of the Line 5 - West Virginia tax: The amount of West Virginia income tax is to be tax return (determined without regard to an extension of time to file). If you do not calculated from the West Virginia Tax Rate Schedule. A nonresident estate, trust, pay the entire tax due on or before the due date, you must pay interest on the or QFT must complete Schedule NR to determine the amount of West Virginia tax. amount of the underpayment from the due date to the date paid. Interest is always If the estate or trust was subject to the Federal Minimum or Alternative Minimum due, without exception, on any underpayment of tax. Tax, Schedule T must be used to compute the West Virginia total tax due. Interest is imposed at an adjusted rate established by the Tax Commissioner. The Line 6 - Business Credits: The sum of the following (1) Credit for B&O Tax annual rate will never be less than eight percent (.08). The interest rate will be imposed (Sch. C in the Personal Income Tax Booklet), (2) Military Incentive determined and in effect for periods of six months. Credit (Sch. J), (3) WV Capital Company Credit (Sch. CCP), (4) WV Business Contact the West Virginia State Tax Department, Taxpayer Services Division, for Investment and Jobs Expansion Credit (Sch. BCS-1 or BCS-Small), and (5) Credit the interest rate currently in effect . The telephone number is (304) 558-3333 or toll for Qualified Rehabilitated Buildings Investment (Sch. RBIC). free to: 1-800-982-8297. Line 7 - Credit for income taxes paid to other states: The amount to be entered Line 15 - Additions to Tax - Late Filing: Additions to tax are imposed for failure here is to be determined by the completion of Schedule E, Form IT140 (West to file a return on or before the due date (determined without regard to an extension Virginia Resident Income Tax Return). The schedule and a copy of the other state's of time to file). On any amount of tax shown to be due on the return, the additions return must be attached to support this entry. to tax for late filing is five percent (.05) per month or any part of a month not to Line 12 - Fiduciary Income & Nonresident Withholding Tax Payments: Enter exceed twenty-five percent (.25). fiduciary income and nonresident withholding tax payments on this line. Include -7-
  • 8. Column E: Check this column if you have received or previously had on file, a Late Payment: Additions to tax are imposed for failure to pay all tax shown to be completed Form WV/NRW-4 from this nonresident beneficiary. Do not complete due on a return on or before the due date (determined without regard to an columns F through H if you checked column E. If you received the Form NRW-4 extension of time to file). Additions to tax for late payment are imposed at the rate during the current taxable year, a copy must be attached to your West Virginia of one half of one percent (.005) per month or part of a month not to exceed twenty Fiduciary Income Tax Return when filed. -five percent (.25). Column F: Enter the amount of West Virginia source income allocated to this When both the five percent (.05) additions to tax for late filing and the one half of nonresident beneficiary. one percent (.005) additions to tax for late payment are imposed, the maximum monthly percent is five percent (.05) not to exceed forty-seven and one-half percent Column H: Multiply the dollar amount in column F by the tax rate in column G (.475) of the tax due. and enter the result in column H. Line 16 - Total Due With Return: Remit the amount on line 16 by check made Line 6: Total columns F and H. If you have attached additional copies of Schedule payable to the West Virginia State Tax Department. A enter the grand total of the columns from all the copies of Schedule A on the first Schedule A and label the figures as quot;grand totalquot;. SCHEDULE A: BENEFICIARY INFORMATION AND Transfer the appropriate column totals to the front of the return. NONRESIDENT WITHHOLDING SCHEDULE B: WEST VIRGINIA FIDUCIARY MODIFICATIONS Enter the name, address, city, state, and zip code of each beneficiary that the Estate/Trust had during its taxable year. If additional space is needed, attach The income of the estate, trust, or QFT for federal tax purposes may be subject to a additional copies of Schedule A. fiduciary modification for West Virginia tax purposes. Some of these modifications Column A: Enter the social security number of the beneficiary listed on the same increase and others decrease income for West Virginia tax purposes. The net numbered line in the top part of Schedule A. modification may be a plus or a minus figure. In column I, enter the total amount of all additions and subtractions. On line 10, column I, enter the difference between Column B: If the beneficiary is a resident of West Virginia check this column. Do the additions and subtractions. If this is a complex trust or estate, or a simple trust not complete columns C through H for a West Virginia resident beneficiary. having taxable income, complete column II by entering that share of the Column C: If the beneficiary is a nonresident of West Virginia and the Estate or modification which is allocable to the estate, trust, or QFT. Trust will satisfy the nonresident withholding requirements by filing a composite Electing Small Business Trusts (ESBT) - Income from an ESBT not shown in return for its nonresident beneficiaries, check this column. Do not complete federal taxable income should be reported on Line 4, Other Additions. Losses columns D through H if you are filing a composite return for nonresident from and ESBT not shown in federal taxable income should be reported on Line 8, beneficiaries. Other Subtractions. Column D: If the beneficiary is a nonresident of West Virginia and the Estate or Trust is not filing a composite return for its nonresident beneficiaries check this column. WEST VIRGINIA TAX RATE SCHEDULE FOR RESIDENT AND NONRESIDENT ESTATES AND TRUSTS APPLY RATE SCHEDULE TO THE WEST VIRGINIA TAXABLE INCOME ON LINE 4 Less than $10,000 ..................................................... 3% of the taxable income At least - But less than - $10,000 $25,000 ........... $ 300.00 plus 4% of excess over $10,000 $25,000 $40,000 ........... $ 900.00 plus 4.5% of excess over $25,000 $40,000 $60,000 ........... $1,575.00 plus 6% of excess over $40,000 $60,000 ……..........................…... $2,775.00 plus 6.5% of excess over $60,000 For Tax Information: Mail to: (304) 558-3333 West Virginia State Tax Department or Toll-Free Internal Auditing Division 1-800-982-8297 P.O. Box 1071 (1-800-WVA-TAXS) Charleston, WV 25324-1071 To Order Forms: Internet Address http: //www.wvtax.gov (304) 344-2068 or Toll-Free West Virginia 1-800-422-2075 Hearing Impaired? TDD Service 1-800-282-9833 (1-800-2TAXTDD) -8-