West Virginia Stock Option Grants and Exercises and Fiscal Year-End Values
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West Virginia businesses deriving income from the state while operating as an S corporation or partnership and acting as a pass-through entity should use a form SPF-100 to file their state tax due. Before you can complete this document, you will need to complete the separate Schedule SP form.
Economic Opportunity Credit: For quality companies that create at least 20 new jobs within specified time limits as a result of their business expansion projects, this tax credit can offset up to 80 percent of taxes.
PTE tax allows an entity taxed as a partnership or S Corporation to make a tax payment on behalf of its partners. The business pays an elective tax of 9.3% of qualified net income to the Franchise Tax Board.
The PTE tax rate is the top marginal individual rate for the year: 6.5% for tax year 2022. The PTE tax is calculated on a resident's share of unapportioned income. Owners of an electing PTE are allowed to claim a credit against their West Virginia individual income tax equal to their share of PTE tax paid.
The top income tax rate fell from 6.5% to 5.12% and the lowest rate fell from 3.0% to 3.36%. Heads up, employers! Because of the decreased individual income tax rates, West Virginia released new tax withholding tables for payroll tax withholding.
With Non-qualified Stock Options, you must report the price break as taxable compensation in the year you exercise your options, and it's taxed at your regular income tax rate, which in 2023 can range from 10% to 37%.
The general effect of this is to transfer the Virginia income tax liability on the PTE's income from the PTE's eligible owners to the PTE itself. Electing PTEs are taxed at a rate of 5.75%. The Elective Pass-Through Entity Tax (PTET) must be filed and paid electronically.
The PTE tax rate is the top marginal individual rate for the year: 6.5% for tax year 2022. The PTE tax is calculated on a resident's share of unapportioned income. Owners of an electing PTE are allowed to claim a credit against their West Virginia individual income tax equal to their share of PTE tax paid.