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MD resident, VA LLC - file in both states?
Hello
I'm a physician and live in Maryland (MD), and my office is also in MD. My practice is part of a group that's an LLC with a Virginia (VA) address. I'm a limited partner in the LLC and my receive a K-1 1065 with compensation in box 4.
Am I correct that I have to file an MD return (since I'm an MD resident) but also have to file a non-resident VA return because the LLC is based in VA? It looks like the MD/VA reciprocity agreement doesn't apply in my case?
Thanks for in advance for any help.
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State tax filing
Yes, you have Virginia source income and must file a VA nonresident tax return according to the Virginia instructions for Nonresidents at this link:
"Virginia source income includes income passed through from a partnership, S corporation or limited liability company that does business in Virginia."
And yes, the reciprocity does not apply because the K-1 income is not considered wages.
Note, however, that you are eligible for a credit on your Maryland resident tax return for the taxes you pay to Virginia on the "same dollar of income".
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State tax filing
Also please note that TurboTax generally suggests that you file prepare your Non-Resident income tax return first in TurboTax, before preparing your Resident return, just to be sure the credits calculate correctly.
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