How are pass-through taxes handled for LLCs operating in multiple states?
So I've got myself into a bit of a complicated situation tax-wise. I currently have a single member LLC registered in Delaware and another single member LLC set up in New York. However, I'm actually a resident of Colorado and that's where I physically do all the work for both businesses. I'm trying to figure out how the income will be taxed given the pass-through nature of these entities. Do I need to pay taxes to Delaware and New York at all, or can I just pay taxes in Colorado since that's my home state and where all the work is actually being performed? My understanding of pass-through taxation is that the income should only be taxed where I personally reside, but I want to make sure. Also, are there any exceptions to this rule? Are there states where an LLC's income is taxed at the state level where the LLC is registered before it passes through to me as the owner? I'm worried about potential double taxation scenarios and want to make sure I'm handling everything correctly before tax season.
19 comments


Anastasia Sokolov
Tax professional here - this is a common question for multi-state LLC owners. Since you have single-member LLCs, they're considered "disregarded entities" for federal tax purposes, meaning all income passes through to your personal tax return. For state taxes, you generally pay taxes based on where the income is earned, not where the LLC is registered. Since you're performing all the work in Colorado, that's where most of your income would be considered earned. However, if your LLCs have any physical presence, property, or employees in NY or DE, you might have tax obligations there too. Delaware is actually favorable because they don't impose income tax on LLCs that don't do business in Delaware. New York, however, may require you to file a return if your LLC has any connection to NY. The concept you're referring to is "nexus" - a connection to a state that creates a tax obligation. If your only connection to DE and NY is registration but no actual business is conducted there, you likely just need to pay your annual LLC fees to maintain registration, but not income taxes.
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Sean O'Donnell
•Thanks for the explanation. What if I occasionally visit NY for client meetings related to the NY LLC? Would that create enough nexus to require me to file NY taxes? And what about DE - if I never set foot there but just maintain the registration, am I completely free from income tax there?
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Anastasia Sokolov
•Occasional client meetings in NY could potentially create nexus, especially if those meetings are directly related to revenue generation. New York is quite aggressive about establishing nexus, so even a few days of work in the state might trigger filing requirements. It's best to track days spent working in NY carefully. For Delaware, if you never physically work there and have no property, employees, or other physical presence, you typically won't have income tax obligations. You'll still need to pay the annual franchise tax to maintain your LLC, but Delaware is known for not taxing income from businesses that are registered there but operate elsewhere.
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Zara Ahmed
I was in a similar situation with LLCs in multiple states and found taxr.ai (https://taxr.ai) to be incredibly helpful for sorting out my multi-state taxation issues. They analyzed my situation with their document analysis tool and gave me specific guidance on exactly which state forms to file and how to properly allocate income. The tool helped me determine whether I had nexus in each state, which was confusing because the rules are different for physical presence versus economic nexus. It even flagged that I needed to file an informational return in one state even though I didn't owe tax there! Saved me from a potential penalty.
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StarStrider
•How does this service handle things like registered agent fees vs actual tax obligations? I'm thinking about setting up an LLC in Wyoming but living in California, and I'm confused about what I'd actually owe to each state.
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Luca Esposito
•Does taxr.ai connect you with actual tax professionals or is it just software? I'm skeptical of AI tools handling complicated multi-state tax situations without human review.
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Zara Ahmed
•The service distinguishes between administrative fees like registered agent costs and actual tax obligations. It provides a breakdown of what you'd owe to each state based on your specific situation. For your Wyoming/California scenario, it would flag that California is particularly aggressive about taxing residents who operate businesses elsewhere. The platform combines AI analysis with CPA review. The initial document analysis is automated, but actual CPAs specialized in multi-state taxation review complex cases. In my experience, they identified nuances about my situation that generic tax software completely missed, especially around economic nexus thresholds that vary by state.
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Luca Esposito
I was really skeptical about taxr.ai at first, but I gave it a shot with my multi-state LLC situation. I run an engineering consulting business with entities in Texas and Florida but live in Washington state. The system immediately identified that I was at risk for "doing business in" violations in Washington despite not having registered there. They analyzed my operating agreements and highlighted specific clauses that could create tax nexus issues. The best part was getting clear guidance on income allocation - they showed me exactly how to determine which income was attributable to which state based on where I performed the services, not just where the LLCs were registered. Ended up saving me thousands in potential penalties. Definitely worth checking out if you're dealing with multi-state pass-through complications.
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Nia Thompson
If you're struggling to get answers from state tax departments about your multi-state LLC situation, I highly recommend Claimyr (https://claimyr.com). I was on hold with the NY Department of Taxation for literally HOURS trying to get clarification on my filing requirements as a non-resident LLC owner. Used Claimyr's service and got connected to a real NY tax department representative in under 15 minutes! They have this callback system that basically waits on hold for you - check out how it works here: https://youtu.be/_kiP6q8DX5c. The rep confirmed exactly which forms I needed to file for my foreign LLC income.
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Mateo Rodriguez
•Wait, how does this actually work? Do they just call the regular IRS/state tax number for you? Couldn't you just do that yourself?
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Aisha Abdullah
•This sounds like BS honestly. The NY tax department is notoriously impossible to reach. No way you got through in 15 minutes when I've spent days trying to talk to someone there.
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Nia Thompson
•It works by using a specialized system that navigates the phone trees and waits on hold for you. When an actual representative answers, you get a callback so you can speak with them directly. Yes, technically you could call yourself, but the average hold time for state tax departments can be 2+ hours - their system just handles that part for you. I was skeptical about the NY tax department too! I had previously tried calling on my own multiple times and given up after 45+ minutes of waiting. With Claimyr, I submitted my request around 9:30am (which I learned is the optimal time to call tax departments) and got connected about 15 minutes later. Timing and their automated system seem to make a huge difference.
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Aisha Abdullah
I'm actually shocked at how wrong I was about Claimyr. After posting my skeptical comment, I decided to try it because I was desperate to talk to someone at the Colorado Department of Revenue about my multi-state LLC situation. I've been trying to call them for WEEKS with no luck. Used Claimyr yesterday morning and got a callback within 20 minutes. The Colorado tax rep walked me through exactly how to handle income from my Wyoming LLC that I operate from Colorado. They explained that I need to file a Schedule C on my Colorado return and pay taxes there since that's where I perform the work. If you're dealing with multi-state LLC issues like the original poster, being able to actually speak to someone at the tax department is invaluable. Still can't believe it worked.
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Ethan Wilson
Just wanted to add my experience here. I have a single-member LLC registered in Nevada but I live and work in Arizona. I initially thought I'd save on taxes with the Nevada registration, but learned that since I'm performing the work in Arizona, I still have to pay Arizona income tax on all of it. The "nexus" concept that was mentioned earlier is super important. What matters is where you have economic presence, not where your paperwork is filed. You can't escape your home state taxes just by registering elsewhere.
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NeonNova
•Does this mean there's literally no tax advantage to having a Delaware LLC if you live and work elsewhere? Why do so many people recommend Delaware then?
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Ethan Wilson
•There are still advantages to Delaware LLCs, but state income tax avoidance usually isn't one of them for single-member LLCs. Delaware offers strong liability protection, business-friendly courts, and privacy benefits since they don't disclose owner information publicly. For larger businesses or certain business structures, Delaware can have significant advantages. But for a single-member LLC where all the work is performed in another state, you'll generally pay income taxes based on where you physically do the work. The main Delaware advantage for small LLCs is often lower formation costs and simpler maintenance requirements.
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Yuki Tanaka
Has anyone filed Form CT-3-S for NY? I have an S-Corp (not an LLC) in New York but live in Connecticut, and I'm totally confused about what I need to file where. The NY website is so complicated!
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Carmen Diaz
•Yes, I have experience with CT-3-S. For S-Corps in NY with non-resident owners, you need to file both the CT-3-S at the entity level and then you personally need to file the IT-203 nonresident return to report your share of NY source income. It's more complicated than LLC pass-through taxation.
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Natalia Stone
This is exactly the kind of multi-state tax complexity that trips up so many LLC owners! Based on your situation, here are the key points: Since you're a Colorado resident performing all work in Colorado, that's where you'll owe state income taxes on the LLC income - regardless of where the LLCs are registered. Colorado will tax you on your worldwide income as a resident. For Delaware: Good news! Delaware generally doesn't tax income from LLCs that don't have physical presence in the state. You'll just need to pay the annual franchise tax ($300) to maintain registration. For New York: This is trickier. If your NY LLC has any nexus to New York (clients there, meetings there, property there), you might need to file NY returns. Even if you don't owe NY tax because you're not a resident, you may still need to file informational returns. One thing to watch out for: Make sure you're not creating unintended nexus by having business bank accounts, registered offices with mail forwarding, or conducting any business activities in DE or NY. I'd recommend consulting with a multi-state tax professional to review your specific situation, especially given the complexity of nexus rules. Each state interprets "doing business" differently, and you want to avoid any compliance issues.
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