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If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

 
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NicoleU
New Member

If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

Per Illinois, if you were a nonresident of Illinois during the entire tax year, you must complete and file Form IL-1040 and Schedule NR

  • if you earned enough taxable income from Illinois sources to have a tax liability (i.e., your Illinois base income from Schedule NR is greater than your Illinois exemption allowance on Schedule NR), or
  • are entitled to a refund of Illinois Income Tax that was withheld from your pay in error.

In regards to your rental property, if it generated a net income or loss, then you must report it.

For more information, please see Page 3-Line 15 Rental real estate, royalties, partnerships, S corporations, trusts, etc: http://www.revenue.state.il.us/taxforms/IncmCurrentYear/Individual/IL-1040-Schedule-NR-Instr.pdf




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4 Replies
NicoleU
New Member

If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

Per Illinois, if you were a nonresident of Illinois during the entire tax year, you must complete and file Form IL-1040 and Schedule NR

  • if you earned enough taxable income from Illinois sources to have a tax liability (i.e., your Illinois base income from Schedule NR is greater than your Illinois exemption allowance on Schedule NR), or
  • are entitled to a refund of Illinois Income Tax that was withheld from your pay in error.

In regards to your rental property, if it generated a net income or loss, then you must report it.

For more information, please see Page 3-Line 15 Rental real estate, royalties, partnerships, S corporations, trusts, etc: http://www.revenue.state.il.us/taxforms/IncmCurrentYear/Individual/IL-1040-Schedule-NR-Instr.pdf




If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

You should note that the Illinois Exemption Allowance is prorated by the percent of IL income to Total Federal Income.

So if IL income is small, say 5% then the Exemption Allowance is small too.

If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

you are correct. 

If i have a rental property in Illinois but did not live there i'm a resident of California can I only file taxes in California? or do I file in both states?

You should file the IL return even if you are not required to do so because it runs at a loss to preserve the passive loss on the books for use in future years.

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