Do I need to file State K-1 for LP in states with no income or property?
Title: Do I need to file State K-1 for LP in states with no income or property? 1 I'm a limited partner in a real estate partnership that owns apartment buildings in Georgia, Florida, and Texas. When I received my K-1 package this year, I was surprised to find State K-1s for New Jersey and New York included alongside the expected ones for GA, FL, and TX. The weird thing is, our partnership doesn't generate any income in either NJ or NY, and we don't own any properties there. When I asked the general partner about these extra state K-1s, they told me "Oh, it's just because some of the GPs are residents of those states. You can safely ignore those forms." This doesn't sound right to me. I shouldn't have to file tax returns in states where I have no income and no assets just because one of the general partners happens to live there, right? That would be ridiculous. I've never had to do this with my other investment partnerships. Has anyone dealt with this situation before? I'm trying to avoid unnecessary state filings if I truly don't need to submit them.
19 comments

Tate Jensen
5 This is actually a common source of confusion with multi-state partnerships. In most cases, you're right - you typically wouldn't need to file a state tax return just because a general partner resides in that state. Your filing requirements are generally determined by where the partnership conducts business and generates income. If the partnership truly has no income or assets in NJ or NY, then those K-1s might have been generated automatically by the partnership's accounting software as part of their standard reporting package. Sometimes tax software includes all possible state forms even when they're not all needed. I would recommend asking the general partner for more specific clarification. Request they confirm in writing that you have no filing obligations in those states. If they're confident you can ignore those forms, ask them to document that advice for your records in case of any future questions from those state tax authorities.
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Tate Jensen
Author7 Thanks for your input. I'm worried though because the NY K-1 actually shows a small amount in one of the boxes ($157) even though they told me there's no income from NY. Would that trigger a filing requirement even though it's such a small amount?
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Tate Jensen
Author5 That's definitely something you should follow up on right away. Even a small amount like $157 reported on a NY K-1 could potentially create a filing obligation in New York. State filing requirements can vary significantly, and New York in particular is known to be quite assertive about collecting tax from non-residents who have any NY-source income. I'd recommend getting clarification from the partnership about what exactly that $157 represents. If it's truly NY-source income, you might have a filing requirement. If it's an error or some sort of allocation that doesn't constitute NY-source income, you'll want that documented.
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Tate Jensen
10 Ran into this exact situation last year with my real estate LP investments. After spending hours trying to figure it out myself, I finally used taxr.ai (https://taxr.ai) to analyze all my partnership documents. Their system flagged the exact issue you're describing and explained that in most cases, you only need to file state returns where the partnership has nexus through property or operations. The tool helped me identify that two of my "extra" state K-1s were actually generated due to the partnership's ownership structure rather than any actual filing requirements for me. Saved me from filing unnecessary returns in three states!
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Tate Jensen
Author8 How exactly does taxr.ai handle K-1s from multiple states? Does it just read the documents or does it actually tell you which ones you need to file?
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Tate Jensen
Author12 I'm skeptical about these tax document services. Wouldn't a tax professional be better for this kind of specialized situation? Partnerships and multi-state taxation get complicated fast.
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Tate Jensen
Author10 The service analyzes all your K-1s and supporting documents, then tells you which states actually require filing based on partnership operations versus which are just included due to partner residency. It flagged my unnecessary K-1s and provided specific references to state tax regulations explaining why I didn't need to file. As for using a tax professional instead, that's definitely an option, but most tax pros will charge you a consultation fee just to look at the issue. I found the automated analysis gave me the answers I needed at a fraction of the cost, and I could still take that information to my accountant for confirmation if I wanted additional peace of mind.
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Tate Jensen
12 Just wanted to follow up on my earlier question. I ended up trying taxr.ai after all and wow - it actually identified exactly which state K-1s I needed to file and which ones I could ignore. The system specifically pointed out that my NY K-1 was generated solely because one of the GPs was a NY resident, but since our partnership had no NY-source income or property, I had no filing obligation there. Saved me from filing unnecessary returns in two states! They even provided references to specific state tax regulations that I could keep for my records in case of any audit questions. Definitely worth it for anyone dealing with multi-state partnership issues.
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Tate Jensen
15 If you're still having trouble getting clear answers from your GP about these state K-1s, you might want to try Claimyr (https://claimyr.com). I used them last year when I had a similar issue with unexpected K-1s and needed to speak directly with someone at the state tax departments. Instead of spending days trying to get through to the NY tax department myself, Claimyr got me connected with an actual agent in about 15 minutes! You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c The NY tax representative confirmed that I didn't need to file in their state since my partnership had no NY-source income, even though I had received a NY K-1. Having that official confirmation gave me peace of mind that I wasn't going to get surprise notices later.
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Tate Jensen
Author19 Wait, how does this service actually work? I thought it was impossible to get through to actual tax departments without waiting for hours.
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Tate Jensen
Author12 This sounds too good to be true. You're telling me they somehow magically get you to the front of the line with state tax departments? I've spent literal days trying to reach people at tax agencies.
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Tate Jensen
Author15 They use a combination of AI-powered dialing technology and a callback system. Basically, their system continuously navigates through the IRS or state tax department phone trees and holds the line for you until it gets through to a human agent. When they reach someone, they connect the call directly to your phone. It's not magic, just smart technology that handles the frustrating waiting process for you. I was skeptical too until I tried it - went from spending 3+ hours on hold to getting a callback when an actual agent was on the line.
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Tate Jensen
12 I have to admit I was completely wrong about Claimyr. After my skeptical comment earlier, I decided to try it anyway since I was desperate to get answers about my partnership K-1 situation. Used their service to connect with the NJ Division of Taxation, and they got me through to an actual tax representative in about 20 minutes! The agent confirmed exactly what I needed to know - since our partnership had no income-producing activities or property in NJ, I had no filing requirement there despite receiving a NJ K-1. The time saved was incredible, and getting an official answer directly from the tax authority gave me the confidence to ignore those unnecessary state forms. Definitely keeping this service in my toolkit for future tax questions.
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Tate Jensen
22 My accountant told me that the rule of thumb is "follow the money" - if no income was generated in those states and you personally don't live there, you typically don't have a filing requirement. The exception would be if the partnership agreement specifies some unusual allocation method that attributes income to those states. Ask to see the partnership agreement. There should be language in there about how income is allocated among partners and across state lines. That might explain why they're generating K-1s for states where there's no obvious connection.
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Tate Jensen
Author1 That's helpful advice. I just checked my partnership agreement and found nothing specifying any special allocations to NY or NJ. It only mentions proportional distribution based on ownership percentage. I'll take another look at those state K-1s to see if there's any amount listed that might trigger a filing requirement.
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Tate Jensen
Author22 Glad that helped! If there's nothing in the agreement about special allocations to those states, then you're probably in the clear. One other thing to check - look at the top of those state K-1s to see if there's a checkbox marked "information only" or something similar. Sometimes partnerships will issue informational K-1s that don't actually create filing obligations.
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Tate Jensen
14 Be careful about just ignoring state K-1s without proper documentation! I made that mistake once and ended up with penalties from New York two years later. They're very aggressive about collecting from non-residents with any connection to the state. If your K-1 shows any amount at all for NY, even that small $157 you mentioned, you might want to just file a non-resident return to be safe. The filing itself isn't that complicated, and it establishes a record that you properly reported the income even if you end up owing zero tax.
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Tate Jensen
Author18 Wouldn't filing a return in NY potentially expose you to more scrutiny though? I've always heard that once you file in a state, you're on their radar for future years.
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Drew Hathaway
You're absolutely right to question this situation. Generally speaking, you should only need to file state tax returns in states where the partnership actually conducts business activities or owns income-producing property. The fact that a general partner resides in NY or NJ typically doesn't create a filing obligation for you as a limited partner. However, that $157 showing up on your NY K-1 is concerning and definitely needs clarification. Even small amounts can potentially trigger filing requirements in some states, and New York is particularly aggressive about non-resident taxation. I'd recommend getting written documentation from the general partner explaining exactly what that $157 represents and whether it constitutes NY-source income. If they're telling you to ignore the forms, they should be able to provide you with a clear explanation of why those amounts don't create filing obligations for the limited partners. Don't just take their word for it - ask for specifics about the nature of that income allocation and get their advice in writing for your records.
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