Out of state LLC (husband and wife) owns a NC rental property. Does the llc need to register in NC and file NC d403 and other forms?

[AJ999]

We have one non NC llc owns a rental property in NC. Do we need register with NC as a foreign LLC(get NC EIN) and get a registered agent? It seems only LLC operates in NC(sales tax, buy, sell, or have employee, etc.) can register. Since alll rental transactions are done out of NC by the LLC, it seems it does not qualify to register on NC state website.

And do we need file NC D403 form? what other forms we need file? Assume we will still need file personal state income tax(as pass through)?

Thanks a lot.

[Rick19744]

There are a number of issues here so a few comments:

1. While you don't mention your state of domicile, I will assume that the LLC is a multi-member LLC filing a federal form 1065.
2. Yes, the LLC will need to file form D-403 to report the North Carolina activity
3. Specifically having to register with the state of NC is something you need to call the NC Secretary of State and ask questions.  However, in general, if you are not registered to do business in that state, and something happens, you will not be able to utilize the NC court system.  You need to follow up on this matter with a NC attorney.
4. Take a look at the instructions to the form D-403 which discusses the partnership responsibility for nonresident partners (members).

https://www.ncdor.gov/media/11092/open#:~:text=A%20nonresident%20individual%20partner%20is,due%20for....