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posted Jun 3, 2019 4:34:17 PM

Member of a CT LLC, Live and work in AL and all my income is made in AL. Do I need to file a CT state income tax?

I get a K1 from an LLC in CT which I am member. However, I live and work in AL and all income on the K1 came from the work in AL. Do I need to file CT state income taxes?

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Level 13
Jun 3, 2019 4:34:19 PM

I will provide some comments related to your overall question:

  • In general, an LLC that is organized in a particular state is required to file a partnership return in that state.  This assumes that the state in fact has a partnership return filing requirement, as some may not.  CT does in fact have a partnership return filing requirement.
  • The CT-1065 will also include a Schedule CT K-1 for each member.  This CT K-1 will reflect the total income or loss and then the income or loss apportioned to CT.
  • You will need to determine if you, as well as any other nonresident members, were included in a composite tax return that was filed on behalf of all nonresidents.  There is a box in the upper left hand side of the CT K-1 that will be marked if this is the case.  If a composite return was filed on behalf of nonresidents, then you do not have any further CT filing requirement.
  • If nonresidents were not included in a composite return, then you will need to file a CT nonresident tax return and report your share of the CT apportioned income / loss reflected on your CT K-1.
  • CT legislature passed a bill effective for 2018 as a result of the federal TCJA which caps the deduction for state, local and property taxes at $10,000.  The bill introduced a new entity level tax on pass-through entities.  
  • Your share of the entity level tax will be reflected in Part III of your CT K-1 and will be used when filing your CT nonresident individual tax return.
There is a lot going on here, and especially for 2018, as a result of the new CT legislation effective for 2018.  Depending on the $$ involved, you may want to consult with a tax professional for some guidance.

Below are a couple of links that may provide some overall guidance:

https://portal.ct.gov/DRS/Nexus/PartnershipLimited-Liability-Company---Nexus

http://news.cchgroup.com/2018/05/14/connecticut-legislature-approves-pass-through-entity-tax/

https://portal.ct.gov/-/media/DRS/Forms/1-2018/Composite/Schedule-CT-K-1_1218.pdf?la=en