Do I need to file state tax return as a non-resident if I have real estate partnership income from the non resident state?

[alex1907]

Last year I made some investment in real estate crowdfunding projects without thinking about tax implications. I now received Form 1065 K1 from my partnership income. This form list income sourced from a state that I am not a resident of. Do I need to file state tax as a non resident? Do I have to report all types of income in the non resident state tax return, not just real estate income? This is important because I live in Texas (no state income tax) and earn my salary income from Texas (W2). If I get rental income (K1) from, let's say from Maine, will my Maine state income tax return report and pay state tax on my W2 as well? I have $150 Maine sourced rental income (K1) and I have $XXX K Texas sourced salary income (W2). Since there is no state tax in Texas, I do not pay state tax in Texas. Will my $150 rental income in K1 force me to pay state income in my salary (W2) in Maine? This does not sound right, does it?

[ErnieS0 · Accepted solution]

Possibly.  Generally, if you are a nonresident or a “Safe Harbor” resident who has income from Maine
sources resulting in a Maine income tax liability, you must file a Maine income tax return.

The best way to check is to create a nonresident Maine return. You can do that for free in TurboTax online. Complete the Maine section. If you owe tax, file a return. Otherwise delete it.

Part-year residents, nonresidents and "safe harbor" residents must file a Maine return based on their total federal adjusted gross income. Your tax liability is first calculated as if you were a resident of Maine for the entire year. You are then allowed to calculate a nonresident credit on Maine Schedule NR that will reduce your Maine tax by the portion of the tax that is related to the income you earned outside the state while a nonresident or "safe harbor" resident of Maine.

Individual Income Tax FAQ

[alex1907]

Thank you for your answer. I tried to file Maine state tax return but Turbo Tax is asking for additional $49 to file Maine tax return.