Annual Filing Requirements
House Bill 4421, repealing the payment of corporate license taxes by corporations, was passed during the 2008 Legislative Session. This bill also assigned responsibility for all mailings related to annual report filings to the West Virginia Secretary of State's Office.
Bill 4421 becomes effective July 1, 2008, and the only fee required of your business at this time is the annual report fee of twenty-five dollars ($25).
Online Filing - Electronic Annual Report Filing
The forms for annual reports are mailed by the WV Secretary of State's Office to the principle office address of the corporation in May. If the annual report form is not received by June, contact the WV Secretary of State's Office to obtain the 2009 or 2010 Corporation Annual Report form at 304-558-8000.
Annual reports with fees are due by July 1st. Companies that do not file annual reports by the due date are at risk of being assessed monetary penalties and could be administratively dissolved or revoked.
Corporation Tax Returns
Annual Corporate License Tax
In 2008, the WV Corporate License Tax was repealed.
Corporate Income & Franchise Taxes
Corporate Income and Franchise taxes are filed on a WV Combined Corporation Net Income/Business Franchise Tax Return called WV/CNF-120 for C Corporations, or the WV/SPF-100 for S Corporations.
For tax years beginning on or after January 1, 2010, the Business Franchise Tax rate is the greater of $50 or 0.41%. The Business Franchise Tax rate will phase-down to 0.34% in 2011, 0.27% in 2012, 0.20% in 2013, 0.10% in 2014 and 0% thereafter. (Senate Bill 680)
The withholding tax rate on the income of nonresident partners, nonresident S Corporation shareholders and nonresident beneficiaries of estates and trusts is 6.5%.
No par stock is valued at $25 per share unless it was originally issued for a greater consideration.
For tax years beginning on or after January 1, 2010, the Corporation Net Income Tax rate is 8.5% and will stay there for 2011. The Corporation Net Income Tax rate will phase-down to 7.75% in 2012, 7.0% in 2013 and 6.5% in 2014. (Senate Bill 680)
Form CNF-120 - 2010 Corporate Income/Franchise Tax Return (instructions)
Form WV/SPF-100 - 2010 S Corporation Return (instructions)
Corporate Net Income/Business Franchise Tax Forms - For 2006-2010
Miscellaneous Tax Forms
To order tax forms, call (304) 344-2068 or toll free within WV at 1-800-422-2075. You can also order forms by mail by completing this request form.
Corporate net income tax and franchise tax is due by March 15th, or the 15th day of third month following close of fiscal year.