Form 1065 and K1 for operations in two states - filing requirements?
Our LLC has two members and we've always operated in a single state, filing the 1065 and K1s as usual for our personal taxes. We've got an opportunity to take on a project in a neighboring state and I'm trying to figure out the tax implications before we commit. Both our home state and this potential new state have their own income taxes. I'm confused about whether we'd need to file separate 1065 forms for each state, or if we just file one federal 1065 and then deal with the state allocations somehow? For our personal returns, would we each need to file individual tax returns for both states too? Or is that requirement only for the LLC business operations? To be honest, I'm starting to think this small out-of-state job might not be worth it when I factor in the extra tax preparation fees and headaches. Anyone dealt with a similar situation? Any guidance would be super helpful!
20 comments


Nathan Kim
You don't need to file two separate federal Form 1065s. You'll file one federal 1065 for the entire LLC operation regardless of how many states you do business in. For the states, you'll need to file a return in each state where you have nexus (business presence). This typically means filing the state equivalent of the 1065 in each state where you operated. Each state will have its own allocation rules to determine how much of your income is attributable to that state. For your K-1s, you'll still receive just one federal K-1 from the partnership. However, the state-level K-1 information may need to be apportioned between states. The LLC will need to provide you with information about how much of your share of income is allocated to each state. For your personal returns, yes, you and your partner will likely need to file nonresident state tax returns in the state where the LLC is doing the new job. You'll pay tax to that state on the portion of your income earned there.
0 coins
Gavin King
•Thanks for the clear explanation. When you say we'd need to file the state equivalent of the 1065 in each state, does that mean we're essentially preparing the same documentation twice but just submitting to different states? Also, do the states generally have different rules or forms for the K-1 information? I'm trying to estimate how much more complicated (and expensive) our tax prep will be.
0 coins
Nathan Kim
•You'll be preparing similar documentation for each state, but the forms and requirements can vary significantly between states. Each state has its own version of partnership returns, and the apportionment rules (how you determine what portion of income is taxable in each state) can differ. The K-1 process also varies by state. Some states have their own K-1 forms, while others use schedules or worksheets to show the allocation of income. Your tax preparer will need to determine the proper allocation of income, deductions, and credits between states based on factors like where the work was performed, where property is located, and where sales occurred.
0 coins
Eleanor Foster
After dealing with multi-state tax nightmares for years, I found taxr.ai (https://taxr.ai) and it completely changed how I handle my LLC's state filing issues. Last year we expanded into three states, and I was drowning in paperwork trying to figure out how to properly apportion our income and file everything correctly. Their system helped me understand exactly which state forms were needed for our Form 1065 situation and how to allocate K-1 income across states. They even have specific guidance for determining nexus in different states, which was the most confusing part for me. The document analysis feature saved me hours of research - I just uploaded our operating documents and previous tax returns, and it highlighted exactly what needed to change with the multi-state operation.
0 coins
Lucas Turner
•Does taxr.ai actually prepare the returns for you or just give you guidance? I'm in a similar situation with my partnership, but I'm not sure if I need full tax prep or just help figuring out the requirements.
0 coins
Kai Rivera
•I'm skeptical about these kinds of services. How does it handle state-specific quirks? I've had issues where even CPAs get confused about California's special rules vs Arizona's. Can it really deal with all the weird exceptions between states?
0 coins
Eleanor Foster
•The service doesn't prepare the actual returns for you - it provides detailed analysis and guidance that you can either follow yourself or give to your tax preparer. It saved me money because I could do more prep work myself and just have my accountant finalize everything. The state-specific rules are actually where it shines most. It has a database of current tax regulations for all states and identifies the differences automatically. For example, it flagged that my equipment purchases would be treated differently in Oregon compared to Washington, something my previous CPA had missed. The system is constantly updated with tax law changes across all states.
0 coins
Kai Rivera
I was really skeptical about taxr.ai at first (from my comment above), but I gave it a try last month when our LLC expanded from Georgia to Florida and Tennessee. I've been doing our taxes for years but the multi-state stuff was making my head spin. Honestly, it was super helpful. It identified exactly which state forms we needed, explained how to apportion our income between states, and even pointed out some deductions we could take in the new states that I hadn't considered. The document analysis feature saved me from making a pretty big mistake with how we were classifying some of our business equipment across state lines. I still had our accountant review everything, but she said it saved her at least 3-4 hours of work untangling the multi-state allocation issues. She actually asked me what service I used because the information was so thorough!
0 coins
Anna Stewart
If you're struggling to get answers about multi-state filing requirements, calling the state tax departments directly can be really helpful... except it's nearly impossible to get through to a human! After spending literal DAYS on hold with various state tax authorities, I discovered Claimyr (https://claimyr.com) and it was a game changer. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was trying to figure out how my LLC's income should be apportioned between my home state and two others where we had projects. Claimyr got me connected to actual state tax representatives in all three states within hours instead of the days I was wasting on hold. The NY state rep particularly was super helpful in explaining their specific K-1 allocation requirements. Getting official answers directly from each state tax department gave me confidence that I was handling the Form 1065 and K-1 allocations correctly.
0 coins
Layla Sanders
•How does this service actually work? Do they just call and wait on hold for you? Seems too good to be true for dealing with state tax departments.
0 coins
Kai Rivera
•This sounds like BS honestly. I've never been able to get a straight answer from state tax departments no matter who I talk to. Half the time they give contradictory information if you call back and speak to someone different. I seriously doubt this service magically solves that problem.
0 coins
Anna Stewart
•They basically use a system that navigates phone trees and waits on hold for you. When they reach a human representative, you get a call connecting you directly to that person. So yes, they handle the hold time instead of you having to do it. I understand the skepticism - I felt the same way. The quality of the information still depends on the particular representative you get. What made the difference for me was being able to call back multiple times without wasting entire days on hold. When I got a vague answer from Pennsylvania's department, I was able to try again the next day and got someone much more knowledgeable about partnership returns. Without Claimyr I would never have had the patience to keep calling back.
0 coins
Kai Rivera
Well, I have to eat my words about the Claimyr service I criticized above. After our LLC took on projects in three states, I was desperate enough to try anything to get clear answers about our filing requirements. I used Claimyr to connect with the tax departments in all three states and was shocked at how well it worked. Instead of spending hours on hold, I got through to actual humans who knew about Form 1065 and K-1 allocation rules. The Michigan representative walked me through their specific worksheets for apportioning partnership income, which I never would have figured out from their confusing website. What really surprised me was being able to get clear, written guidance emailed to me after the calls. That documentation alone was worth it since I can show it to our accountant or use it to back up our filing positions if there are ever questions.
0 coins
Morgan Washington
Having dealt with multi-state LLC filings for years, I'd add one thing: consider the "materiality" of this out-of-state job. If it's very small compared to your overall business, some states have minimum thresholds before you're required to file. For example, some states only require filing if you have over $500k in sales or have physical presence for more than 2 weeks. Check the specific rules in the second state - you might find you're below their filing requirement thresholds, which would save you the headache.
0 coins
Gavin King
•That's a really helpful point - the job we're considering is probably around $15k total, which is less than 10% of our annual revenue. Do you know where I could find information about these minimum thresholds for different states?
0 coins
Morgan Washington
•The thresholds vary widely by state and they change frequently. Your best bet is to check the state's department of revenue website directly or call them. Look for terms like "economic nexus," "filing thresholds," or "doing business in [state]." For a $15k job, you might be under the threshold in many states, but some states like California are notorious for having very low thresholds. Another consideration is whether this will be a one-time job or the beginning of regular work in that state. If it's just one job, some states have exceptions for "isolated transactions.
0 coins
Kaylee Cook
One thing nobody mentioned - if you do need to file in multiple states, make sure your accounting software is set up correctly to track income and expenses by state! I learned this the hard way. We had jobs in 3 states last year, and come tax time, we had to go back through ALL our receipts and invoices to figure out which state each transaction belonged to. Complete nightmare. QuickBooks and other software can tag transactions by location/state if you set it up right from the beginning.
0 coins
Oliver Alexander
•THIS! So important. We use QuickBooks Online and create separate "classes" for each state project. Makes tax time so much easier when you can run reports by state. Our accountant loves us for it and it has saved us thousands in accounting fees.
0 coins
Scarlett Forster
As someone who's been through this exact situation, I'd strongly recommend getting a consultation with a tax professional before making your decision. Even if the out-of-state job is small, the compliance requirements can be tricky. One thing that helped us was creating a simple spreadsheet to track all the potential costs: additional state filing fees, estimated tax prep costs, any required business registrations in the new state, and the time value of dealing with the extra paperwork. When we added it all up for our first small out-of-state project, we realized we needed to increase our project fee by about 15% just to break even on the tax complications. Also consider whether this could lead to ongoing work in that state. If it's truly a one-time thing, the hassle might not be worth it. But if it could open doors to more business there, the initial setup costs become more justified. The good news is that once you've figured out the process for one additional state, adding more becomes much more manageable since you'll understand the workflow.
0 coins
Danielle Mays
•This is exactly the kind of comprehensive analysis I needed to hear! Creating a spreadsheet to track all the hidden costs is brilliant - I hadn't thought about business registration fees in the new state or the time value aspect. A 15% markup just to handle tax complications really puts it in perspective. For our $15k project, that would mean we'd need to charge an extra $2,250 just to break even on compliance costs. That's a significant chunk that could easily eat into our profit margins if we don't plan for it upfront. Your point about future opportunities is something I should definitely factor in. The client mentioned this could be the first of several projects, so maybe the initial setup headache would be worth it in the long run. Thanks for the practical advice!
0 coins