JosephS1
Expert Alumni

State tax filing

Unfortunately, the answer as to whether or not you have to file a NY Non-Resident Return (Form IT-203) is "it depends".  If the K-1 indicates the income that is passing through to you is all passive income then you would not have to file a NY return.  If the K-1 indicates the income is not passive, even though you may be a passive partner, you may have to file a NY return.

 

If Box D is checked, showing that this is a publicly traded limited partnership, and if Box G is checked showing you are a limited partner or other LLC member, you will not have to file a NY return.  It is similar to owning stock in a NY based corporation that you receive dividends from.  If we had to file non-resident returns for all dividends received based on the corporation headquarters location it would take us a year to just fill out the dividend allocation.

 

Review your K-1 for the below highlighted area.  If the highlighted Boxes are checked then there is no need to file a NY return.  If they are not checked if is possible you will have to file a NY return, but I would rate it as highly unlikely.

 

 

 @pasknyc 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"