West Virginia Form Help

The following information has been provided to assist in the preparation of West Virginia state tax returns.

 

WV Form IT-140

 

There is now only one tax form for residents, Non Residents, and Part-Year Residents. Mark the “Filing as Nonresident/Part-Year Resident” box if not filing as a resident.

 

Schedule M - Modifications for Adjusted Gross Income

 

Line 33. Interest or dividend income on state and local bonds (other than West Virginia)

 

Interest income entered in the Tax Exempt field on the Federal FRM 1099-INT using code "B" is taxable to the state and is included on this line.

 

Line 39. Interest or dividend income on obligations of the United States

 

Interest income entered on the Federal FRM 1099-INT using code "A" is non taxable to the state and is included on this line.

 

Line 40. WV State or Local Police, Deputy Sheriff's or Firemen's Retirement

 

If the pension received is from any WV state or local police, sheriff's deputy or firemen's retirement system, enter "F" in field US048240 and "WV" in field US040246 (both fields are on the 1099-R, in Box 10). The taxable amount will carry to IT-140, line 40 and calculate the exclusion.

 

Line 41. WV Teachers Retirement and WV Public Employees Retirement

 

If the pension received is from the WV Teachers Retirement System or the WV Public Employees Retirement System, "P" and "WV" in fields US048240 and US040246, respectively. The taxable amount will carry to IT-140, line 41 and calculate the exclusion, not to exceed $2,000 for each taxpayer.

 

Line 42. Military Retirement and Federal Retirement

If the pension received is a Military Retirement pension or a Federal Retirement pension, enter "M" and "WV" in fields US048240 and US040246, respectively.

 

The combined amounts of Lines 41 and 42 must not exceed $2,000.

 

Line 43. Military Retirement Modification

 

If the pension received is a Military Retirement pension, enter "M" and "WV" in fields US048240 and US040246, respectively for the additional military retirement modification. This modification is for a maximum of $20,000. If the pension is equal to or greater than $22,000, enter $20,000 on line 39. If the pension is less than $22,000, enter $20,000 or the total amount of the pension received less the $2,000 claimed on line 42. In no case should the combined amount (line 42 and line 43) exceed the total amount of military retirement income.

 

 

Line 48. Other Deductions

 

Active Duty Military Pay

Military Income received while you were a member of the National Guard or Armed Forces Reserves called to duty pursuant to an Executive Order of the President of the United States is

not taxable on the West Virginia return. Enter on the Line 48 worksheet as a decreasing modification to your federal adjusted gross income.

 

Line 51. West Virginia `EZ Pass` Deduction

 

Enter the amount, not less than $25 and not to exceed $1,200, of any payment for amounts expended for tolls paid electronically through use of a West Virginia Parkways, Economic Development and Tourism Authority PAC card (Parkways Authority Commuter Card) for non-commercial passes for travel on toll roads in West Virginia, not including amounts refunded or reimbursed by an employer. Any amount of qualified tolls paid and eligible for this decreasing modification and not used in the taxable year when paid, shall be permitted to carry forward for up to three (3) years subsequent to the taxable year. Qualified toll payments not used by the end of the carry forward period shall be forfeited.

 

IT-140NRS

 

SPECIFIC INSTRUCTIONS FOR RESIDENTS OF THE FOLLOWING STATES:

 

KENTUCKY, MARYLAND, OR OHIO RESIDENTS. If your West Virginia income during 2014 was from wages and/or salaries only, you may file the Special Nonresident Form IT-140NRS as a claim for refund of any West Virginia income tax withheld during 2014. If you had West Virginia income from a source other than wages and/or salaries, you must file the Nonresident Form IT-140NR/PY. You are not allowed a Schedule E credit against your West Virginia income tax whenever your West Virginia income is other than wages and/or salaries. You should apply for the appropriate credit on the income tax return filed with your state of residence.

 

PENNSYLVANIA OR VIRGINIA RESIDENTS. If your West Virginia income during 2014 was from wages and/or salaries only AND YOU DID NOT SPEND MORE THAN 183 DAYS WITHIN WEST VIRGINIA DURING 2014, you may file the Special Nonresident Form IT-140NRS as a claim for refund of any West Virginia income tax withheld during 2014. If you had West Virginia income from a source other than wages and/or salaries, you must file the Nonresident Form IT-140NR/PY. You are not allowed a Schedule E credit against your West Virginia income tax whenever your West Virginia income is other than wages and/or salaries. You should apply for the appropriate credit on the income tax return filed with your state of residence.

 

A domiciliary resident of Pennsylvania or Virginia who spends more than 183 days within West Virginia during 2014 is also a resident of West Virginia for income tax purposes, and is required to file a resident return (Form IT-140) with West Virginia. A Schedule E credit would not be allowed on the West Virginia return. You should apply for the appropriate credit on the income tax return filed with your state of residence.

 

SPECIAL NOTE: Residents of these states may be relieved from filing an annual claim for refund of West Virginia taxes withheld from their wages and/or salaries by requesting Form WV/IT-104 (West Virginia Certificate of Nonresidence) from their employer. Form WV/IT-104 may be completed and returned to the employer who would then be authorized to stop withholding West Virginia income tax on wages and/or salaries earned in this state.

 

Schedule H - Disability Certification

 

If you are certified by a physician as being permanently and totally disabled during the taxable year 2014, OR you are the surviving spouse of an individual who had been certified disabled and DIED DURING 2014, read the instructions to determine if you qualify for the income reducing modification.

 

If you qualify, you must (1) enter the name and social security number of the disabled taxpayer in the space provided on this form, (2) have a physician complete the remainder of the certification statement and return it to you, (3) enclose the completed certification with your West Virginia personal income tax return, and (4) complete Schedule M to determine your modification.

 

A COPY OF YOUR FEDERAL SCHEDULE R (PART II) MAY BE SUBSTITUTED FOR THE WEST VIRGINIA SCHEDULE H.

 

If you have provided the West Virginia State Tax Department with an approved Certification of Permanent and Total Disability for a prior year AND YOUR DISABILITY STATUS DID NOT CHANGE FOR 2014, you do not have to submit this form with your return. However, you

must have a copy of your original disability certification should the Department request verification at a later date.

 

Schedule E - Credit for Income Tax Paid to Another State

 

Subject to certain limitations, a West Virginia resident may be eligible to claim a credit for income taxes paid to another state on income derived from sources within that state. The purpose of this credit is to prevent dual taxation of such income.

 

Part-year residents may only claim credit for taxes paid to another state during their period of West Virginia residency.

 

Nonresidents are not entitled to a Schedule E credit under any circumstances.

 

Nonresident Schedule A

 

Income

In Column A of Schedule A, you must enter the amounts from your Federal return. Income received while you were a resident of West Virginia must be reported in Column B. Income received from West Virginia sources while a non-resident of West Virginia must be reported in Column C.

 

Adjustments

The amounts to be shown in each line of Column B and/or Column C of Schedule A are those items that were actually paid or incurred during your period of West Virginia residency, or paid or incurred as a result of the West Virginia source income during the period of nonresidence. For example, if you made payments to an Individual Retirement Account during the entire taxable year, you may not claim any payments made while a nonresident unless the payments were made from West Virginia source income. However, you may claim the full amount of any payments made during your period of West Virginia residency.