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New Member
posted Jun 6, 2019 1:21:31 AM

My wife is a general partner in an LLC that operates in Wisconsin, do we have to file a Wisonsin form and if so what form, she had a loss of (1067)

We are filing jointly as a married couple

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1 Best answer
Level 13
Jun 6, 2019 1:21:38 AM

A couple general comments and then a link to provide some additional guidance:

  1. You need to take a look at your Wisconsin form 3K-1 and possibly any footnotes.
  2. The partnership (LLC) is required to withhold and remit nonresident withholding to the state of Wisconsin.  This will be reflected on the form 3k-1.
  3. The partnership may have included nonresident members in a composite filing (form 1CNP).  This should be noted to the nonresident member as well.  If you are included in a composite filing, you do not have any further Wisconsin filing requirements for this LLC.
  4. If the partnership only remitted withholding, you will then be required to file a Wisconsin nonresident tax return.
https://www.revenue.wi.gov/Pages/Individuals/nonresidents.aspx

You will then take a credit on your Georgia income tax return for taxes paid to other states to minimize the effect of any "double tax" on the same income.


5 Replies
Level 13
Jun 6, 2019 1:21:33 AM

What is your state of residence?

New Member
Jun 6, 2019 1:21:34 AM

Sorry, Georgia

New Member
Jun 6, 2019 1:21:36 AM

 thanks for your response. I have TurboTax Premier do I have to get TurboTax business in order to get the 3K one form?

Level 13
Jun 6, 2019 1:21:37 AM

Who is preparing the partnership return?
You? Then "yes" you will need to purchase TT Business.
If prepared by someone else, then that should have been provided to you along with the federal K-1.

Level 13
Jun 6, 2019 1:21:38 AM

A couple general comments and then a link to provide some additional guidance:

  1. You need to take a look at your Wisconsin form 3K-1 and possibly any footnotes.
  2. The partnership (LLC) is required to withhold and remit nonresident withholding to the state of Wisconsin.  This will be reflected on the form 3k-1.
  3. The partnership may have included nonresident members in a composite filing (form 1CNP).  This should be noted to the nonresident member as well.  If you are included in a composite filing, you do not have any further Wisconsin filing requirements for this LLC.
  4. If the partnership only remitted withholding, you will then be required to file a Wisconsin nonresident tax return.
https://www.revenue.wi.gov/Pages/Individuals/nonresidents.aspx

You will then take a credit on your Georgia income tax return for taxes paid to other states to minimize the effect of any "double tax" on the same income.