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Giovanni Marino

S Corp Partner in Partnership with Multi-State K-1s - Urgent Filing Question!

Hey everyone, I'm in a bit of a panic and could really use some expert advice here. I just took over accounting for a small business that's structured as an S corporation, and I discovered they're actually a partner in a larger partnership. The problem is I just received NRK-1s (non-resident K-1s) for multiple states that were issued to the S corp, and I'm way out of my depth with this multi-state situation. I've mostly dealt with single-state returns and now I'm scrambling to figure out: Does the S corporation need to file returns in each of these states where they got NRK-1s? And on top of that, does the business owner (my client) need to file personal individual returns in all these states too? This is for the 2024 tax year that we're filing in 2025, and I'm totally stressed since I've never handled anything like this before. Any help would be massively appreciated - especially from anyone who's dealt with S corps in partnerships that cross state lines!

You've got a complex but common situation there. When an S corporation is a partner in a partnership that operates in multiple states, you generally have to consider filing requirements at both the entity and individual levels. For the S corporation: Yes, in most cases, the S corporation will need to file returns in each state where the partnership conducts business and issues an NRK-1. This is because the partnership's activities typically create "nexus" (sufficient presence) for the S corp in those states. For your individual client: The S corporation income ultimately passes through to your client's personal return. So your client will likely need to file nonresident personal income tax returns in those same states to report their portion of the income that was earned in each state. They'll usually get a credit on their home state return for taxes paid to other states to avoid double taxation.

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Dylan Hughes

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Thx for this explanation. Quick question though - what if some of those states have really minimal income amounts? Like if one state only shows $300 of income on the K-1, is it still worth filing there? Are there minimum thresholds?

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Many states do have filing thresholds based on income earned in the state, so you might be able to avoid filing in states with minimal activity. These thresholds vary widely by state - some might be as low as $1,000 while others could be higher. Even if you're below the threshold for an individual return, the S corporation itself might still have filing requirements regardless of the amount. Some states require an informational return even if no tax is due. I'd recommend checking each specific state's requirements or using a multi-state tax software that will flag the thresholds for you.

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NightOwl42

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I went through this exact headache last year with my dental practice (S-corp) that invested in a medical building partnership operating in 5 states. I spent HOURS trying to figure it all out until I found https://taxr.ai which totally saved me. You upload all your NRK-1s and business documents and it analyzes your multi-state filing requirements automatically. It shows you exactly which states the S-corp needs to file in AND which ones you need to file personal returns for. The best part was it identified several states where we were actually below the filing thresholds so we didn't need to file there at all.

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That sounds interesting. How accurate is it though? I'm nervous about software making those kinds of determinations since states can be so particular about their filing requirements.

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Dmitry Ivanov

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Does it also help with figuring out how to allocate the income between states on the client's personal return? That's always the part that trips me up with pass-through entities.

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NightOwl42

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It's been extremely accurate in my experience. The system is actually updated with each state's current regulations and filing thresholds. My accountant double-checked the recommendations against her own research and confirmed everything was correct. It saved us from unnecessarily filing in two states where we were well below the thresholds. For allocation questions, yes it absolutely helps with that too. It breaks down exactly how much income needs to be reported to each state and even calculates the tax credits for taxes paid to other states that you can claim on your home state return. That was honestly the most valuable part because those calculations get incredibly complicated with multi-tiered pass-through entities.

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Dmitry Ivanov

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Just wanted to update that I tried https://taxr.ai after seeing the recommendation here. Seriously impressed with how it handled my client's situation with multi-state K-1s! My client's S-corp had K-1s from 7 different states through a real estate investment partnership, and the tool clearly showed which states required filing and which didn't. It even flagged that two of the states had filing thresholds we were under, saving us from preparing unnecessary returns. The state credit calculations for the personal return were spot on too. Wish I'd known about this years ago!

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Ava Thompson

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If you're having trouble getting answers directly from state tax departments (which is basically guaranteed this time of year), you might want to check out https://claimyr.com. I was stuck with a multi-state S-corp question for New York that I couldn't figure out, and after wasting 3 HOURS on hold with the NY tax department, I tried Claimyr. They got me connected to an actual NY tax agent in about 20 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c - definitely worth it when you need official guidance on state-specific questions like yours.

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Wait, I'm confused. Is this just paying someone to wait on hold for you? How does that even work? Doesn't seem like it would actually get you through any faster than waiting yourself.

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Zainab Ali

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Sounds like a scam to me. No way they have special access to tax departments that regular people don't. The IRS and state tax departments are notoriously understaffed and everyone has to wait in the same queue.

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Ava Thompson

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It's not someone waiting on hold for you - it's an automated system that navigates the phone trees and waits in the queue. When they reach a live person, you get a call connecting you directly to that agent. You don't have to sit there listening to the hold music for hours. The service doesn't have "special access" - they're just using technology to handle the waiting part. They call using the same number everyone else uses, but their system can handle hundreds of calls simultaneously and just connects you when one gets through. It's especially helpful for state tax departments where wait times are unpredictable and can literally be 2-3 hours during filing season.

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Zainab Ali

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I hate admitting when I'm wrong but I have to come back and say Claimyr actually worked. After my skeptical comment, I decided to try it for a California FTB question about multi-state S-corp filing requirements that I couldn't get a straight answer on. California's hold time was showing as 2+ hours, but I got connected to an FTB agent in about 25 minutes. The agent confirmed exactly which forms my client's S-corp needed for their partnership income from other states. Definitely saved me from making a filing mistake that could have resulted in penalties.

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Connor Murphy

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One thing to watch out for with multi-state S corp situations - some states (like California) have minimum franchise taxes that apply regardless of income amounts or loss situations. Your S corp might end up owing $800+ to California even if the K-1 shows minimal profit or even a loss! I learned this the hard way.

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Yara Nassar

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Is that true even if the S-corp doesn't have any physical presence in California? Just getting a K-1 from a partnership that does business there is enough to trigger the franchise tax?

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Connor Murphy

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Yes, unfortunately. California considers having income sourced to the state (even through a partnership) as creating nexus. So if your S corp is a partner in a partnership doing business in California, the S corp generally has to pay the $800 minimum franchise tax, even without physical presence there. It's particularly painful if your client is a small S corp that only invested a small amount in a larger partnership. Some states are more aggressive than others about this, but California is definitely one of the strictest.

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StarGazer101

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Has anyone used a PTE (Pass-Through Entity) tax election to help with this multi-state mess? My understanding is that if the S-corp makes this election in states that offer it, it can pay tax at the entity level which might simplify things for the individual shareholder and provide SALT cap workarounds.

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We did this last year for a similar situation in NY, CT and CA - all three have PTE elections that worked well. Big benefit was getting around the $10k SALT deduction limit on the owner's 1040. But you have to be careful about timing - some states require you to make the election before the tax year ends.

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