To request an Elective Pass Through Entity Account, taxpayers should:
Log on to their
MyTaxes account and,
Under their Pass Through Entity account, select the option that says "Request Elective Pass Through".
After answering the appropriate questions, the EPT account will be created instantly. You will then be able to file, pay, and ask EPT questions through
MyTaxes. Following this change, the filing of an Elective Pass Through Entity Return will be treated as the taxpayer election for the tax year.
Reminder: For tax year 2023 and forward you will not need to make an election prior to filing a tax return. The filing of a PTE return or an EPT return will signify your election.
EPT-100 Elective Pass Through Entity Return
For calendar year taxpayers, the
EPT-100 return is due on or before March 15th or any allowable extension is through September 15th. The
EPT-100 can only be filed online via
EK-1 Schedule of WV Partner/Shareholder/Member/Beneficiary Elective Pass Through Entity Income Credit
Every S Corporation or Partnership required to pay tax on Non-Resident shareholders/partners must provide the
EK-1 to each shareholder/partner on or before the date it files its
EPT-100 West Virginia Elective Pass Through Entity Tax Return.
The S Corporation or Partnership is required to submit all income information as it relates to the individual shareholders/partners of the S Corporation or Partnership on the Partner Reports when filing their annual Elective Pass Through Entity Tax return.
It is important to note that the amount reported on the
EK-1 should not be reported as withholding for the partner/shareholder. This is a credit and should be reported as such. Reporting it as withholding will delay processing of the returns.
Individual taxpayers must enclose the
EK-1 supplied by the S Corporation or Partnership when filing their
IT-140 West Virginia Personal Income Tax Return.
Schedule ITP Elective Pass Through Entity Credit for Income Tax Paid to Another State
In addition to the tax credits listed on the
EPT-100 Tax Credits Tab, the Elective Pass Through Entity may also claim income taxes paid to another state. This only applies to taxes paid by the electing entity, not their partners.
For each state to which tax is paid, the electing entity should complete a
Schedule ITP. The
Schedule ITP should be filed with the
EPT-100 as an attachment. The total amount of all ITP credit should be listed on the
EPT-100 Tax Credit page.
Partners receiving a portion of this credit will need a
Schedule ITP showing the amount of credit distributed to them as supporting documentation for their
EK-1. For Tax Year 2023, they will need to submit this Schedule and an
EK-1 with their individual income tax return for Tax. Income tax paid to another state can only be claimed by an elective pass through entity on the
EPT-100 or an individual filing the