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Level 3
posted Jul 29, 2019 11:34:59 AM

I received a K1 with a section that lists "2018 State Schedule" and under "state/description" lists CT and NY. I live in CA do I need to file out of state returns?

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1 Best answer
Level 15
Jul 29, 2019 2:52:19 PM

If your K-1 income includes income generated in NY and CT, you must file a non-resident return in each of those states IF the particular state amount you received exceeds that state's filing threshold for non-residents.

 

You'll find CT's non-resident filing requirements on page 6 of this reference:

 https://portal.ct.gov/-/media/DRS/Forms/1-2018/Income/CT-1040NRPY-Online-Booklet_1218.pdf?la=en

 

You'll find NY's non-resident filing requirements on page 7 of this reference:  https://www.tax.ny.gov/pdf/current_forms/it/it203i.pdf  

 

Since you live in CA, ALL your K-1 income is taxable by CA.  But if you do have to pay any tax to CT or NY, you'll be able to take a credit for it on your CA return - so you won't be double-taxed.

2 Replies
Not applicable
Jul 29, 2019 12:37:40 PM

maybe.  the question is under each states law are you required to file.  why don't you do some work and visit each of those states websites.  and then look at filing instructions for individual returns.  generally there will be a section on who is required to file.  

Level 15
Jul 29, 2019 2:52:19 PM

If your K-1 income includes income generated in NY and CT, you must file a non-resident return in each of those states IF the particular state amount you received exceeds that state's filing threshold for non-residents.

 

You'll find CT's non-resident filing requirements on page 6 of this reference:

 https://portal.ct.gov/-/media/DRS/Forms/1-2018/Income/CT-1040NRPY-Online-Booklet_1218.pdf?la=en

 

You'll find NY's non-resident filing requirements on page 7 of this reference:  https://www.tax.ny.gov/pdf/current_forms/it/it203i.pdf  

 

Since you live in CA, ALL your K-1 income is taxable by CA.  But if you do have to pay any tax to CT or NY, you'll be able to take a credit for it on your CA return - so you won't be double-taxed.