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amitgoy
New Member

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

 
5 Replies
ToddL
New Member

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

I recommend you file a MO return to report the real estate activity.

The "Who Must File" instructions  for MO non-resident returns is a bit vague in defining "Missouri income". It doesn't distinguish between gross income, net income, taxable income or profits. (See attached text fro MO DOR website)

The conservative approach calls for using gross income as the measure of whether or not you are required to file a return, You wouldn't owe MO taxes because of the net rental loss.

Here is the compelling reason for reporting the MO rental loss. When you sell the property, you will have to report the sale to MO. Carry-forward passive losses, if any, would reduce your taxable gain (keep in mind recaptured depreciation). If you don't file MO returns in loss years, MO may very well disallow using carry-forwards when you report the sale.

tax4cp
New Member

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

Hello,

If I have to file a MO non-resident tax return to the state of MO, how do I get a "State Tax ID" if I am an LLC in California that owns a small percentage of a property in MO?  I can't see anywhere online where I can just get a State Tax ID number only....it wants me to apply for a Federal Tax ID number in Missouri first but I already have a Federal Tax ID number in California where I live.  Please help.  Thanks.

Critter-3
Level 15

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

If this is a single member LLC that has not incorporated then the rental should be reported on the Sch E on the federal return that will transfer to the state automatically ... no LLC  EIN is required. 

tax4cp
New Member

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

Sorry. Mistake.  The DST is owned by my LLC which has 2 members ( Me and a Nevada Corporation).  So does my LLC and my Nevada Corp both have to file state tax returns and get state tax numbers for all 10 states??  Yikes!

Critter-3
Level 15

I only had rental loss in state of MO (non resident since I live in California). Do I need to file my state tax for MO?

Ok ... what a mess ... you have a partnership that must file a form 1065 in more than one state ... so RUN  to a local tax pro to get this done correctly and get educated so you may be able to do this yourself in the future.   If the partnership is not on extension then it is now very late and the penalties are adding up  @ a rate of $420 per month. 

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