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Level 2
posted Mar 24, 2019 11:44:49 PM

Received schedule K1 for New York State. Do I need to file New York State Tax?

Hi,

I am a california resident, I received a schedule K1 for New York State for property investment through a limited partnership LLC. 

Do I need to file New York State Tax? The Box 1 on the K1 is a Loss. Please advise.

0 2 7735
1 Best answer
Expert Alumni
Mar 25, 2019 5:24:52 PM

No. NY Says:  

"If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction
     
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
     
  • You want to claim any of the refundable or carryover credits available. 
     
  • You had a net operating loss for New York State personal income tax purposes for the tax year, without having a similar net operating loss for federal income tax purposes."

Unless the above that applies to you, you wouldn't need to file.

2 Replies
Expert Alumni
Mar 25, 2019 5:24:52 PM

No. NY Says:  

"If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction
     
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
     
  • You want to claim any of the refundable or carryover credits available. 
     
  • You had a net operating loss for New York State personal income tax purposes for the tax year, without having a similar net operating loss for federal income tax purposes."

Unless the above that applies to you, you wouldn't need to file.

Level 2
Mar 31, 2019 6:09:40 PM

Thank you for answering my question. This is really helpful. Save me money not to buy the NY state Turbo tax.