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Connor Murphy

When should I file nonresident state tax returns for MLP investments? (LA, NM, OH, OK, PA)

I made what I now consider to be a huge mistake in early 2024 by investing in Energy Transfer MLP. I sold it after only about a month once I realized the tax headache I was creating for myself. Now I have this K-1 state schedule with the following non-zero income values: Louisiana: $4 New Mexico: $5 Ohio: $3 Oklahoma: $7 Pennsylvania: $9 Everything else shows $0 across all other states. From what I've researched, it seems like I need to file nonresident returns in Louisiana, New Mexico, and Ohio because they require filing if there's ANY income sourced from the state. But I'm confused about Oklahoma and Pennsylvania - do I need to file there too? The actual tax due would be $0 in all these states, so I'd essentially just be filing to meet reporting requirements. Here's what I found for some states: For Louisiana: "Louisiana residents, part-year residents, and nonresidents with income from Louisiana sources who are required to file a federal income tax return must file a Louisiana Individual Income Tax Return." For Ohio: "Ohio imposes personal income tax on individuals residing in this state, earning or receiving income in this state... This filing requirement applies to each nonresident individual whose federal adjusted gross income includes any income earned or received in Ohio by a pass-through entity unless the entity files a composite Ohio return on behalf of its nonresident owners." Am I understanding this correctly? And what about OK and PA - do I need to file there too?

KhalilStar

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You've done good research already on this MLP situation. Here's how to think about it: For MLPs like Energy Transfer, each state has different rules about when nonresidents need to file. The key factor is usually the filing threshold in each state, not just whether you received any income. For Louisiana, New Mexico, and Ohio - yes, they generally require nonresidents to file if they have any income sourced from the state through a pass-through entity like an MLP. The language you quoted supports this. For Oklahoma, they typically have a filing threshold of $1,000 in gross income, so with only $7 reported, you likely don't need to file there. For Pennsylvania, they have a flat income tax rate (currently 3.07%), but there's usually a minimum filing threshold. With only $9 in PA-sourced income, you're likely below their filing requirements. However, to be 100% certain, you might want to check if Energy Transfer files composite returns in any of these states on behalf of their unitholders. If they do, you might be covered under that composite return and wouldn't need to file separately.

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Thanks for the explanation. I'm in a similar situation with MPLX. Do you know if there's an easy way to find out if the MLP files composite returns in certain states? Would it say somewhere on the K-1?

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KhalilStar

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The information about composite returns is sometimes mentioned in the K-1 instructions or supplemental information provided with your K-1 package. Look for notes about "composite," "group," or "bulk" filings in the state-specific sections. If it's not clearly stated in your K-1 materials, you can contact the MLP's investor relations department directly. They usually have this information readily available since it's a common question. Some MLPs also post this information on their investor relations websites.

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Kaiya Rivera

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I went through exactly the same headache with Energy Transfer last year! Check out https://taxr.ai - it completely saved me when dealing with all these state filing requirements. I uploaded my K-1 and it analyzed all the state-by-state requirements for me, telling me exactly where I needed to file and where I didn't. The tool broke down each state's minimum filing thresholds and told me I only needed to file in 2 states even though I had income listed in 5 different states. Saved me from filing 3 unnecessary state returns.

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Does it work with other K-1 investments too? I have some weird real estate partnership thing that has income in like 7 states and I'm completely lost.

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Noah Irving

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I'm skeptical about these tax tools - how does it actually know each state's filing requirements? Those seem to change every year and are super complicated. Did it really give accurate info?

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Kaiya Rivera

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It absolutely works with all types of K-1 investments including real estate partnerships. It's specifically designed to handle multi-state filing requirements for any pass-through entities that issue K-1s. The system has a constantly updated database of state filing thresholds and requirements. I was skeptical too at first, but when I cross-checked some of their recommendations with my accountant, they were spot on. It updates for current tax year requirements and accounts for all the weird exceptions and special rules each state has.

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Just wanted to follow up! I tried taxr.ai after seeing this thread and it was exactly what I needed. Uploaded my real estate partnership K-1 that had income in 7 different states, and it gave me a detailed breakdown showing I only needed to file in 3 states based on their specific thresholds and requirements. It explained that 4 of the states either had de minimis exceptions or the income type was exempt from nonresident filing requirements. Seriously saved me hours of research and probably hundreds in tax prep fees for those unnecessary state returns!

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Vanessa Chang

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If you decide you do need to file in some of these states, good luck actually getting through to their tax departments if you have questions! I spent WEEKS trying to reach the Ohio Department of Taxation last year about a similar MLP issue. After dozens of failed attempts, I used https://claimyr.com to get through to the tax department. You can see how it works at https://youtu.be/_kiP6q8DX5c. They got me connected to a real person at the Ohio tax department in like 20 minutes when I had been trying for days.

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Madison King

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How does that actually work? Do they just call for you or something? I don't understand how a service could get through when the phone lines are constantly busy.

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Julian Paolo

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This sounds like a scam. No way they can magically get through government phone lines when they're full. They probably just keep calling like everyone else and charge you for it.

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Vanessa Chang

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They don't just call for you - they use an automated system that continuously dials and navigates the phone tree until it gets through to a real person. Then it calls your phone and connects you directly to that agent. You don't do anything except wait for your phone to ring. The reason it works is because their system can make hundreds of attempts in a short period while you'd give up after a few tries. It's not magic - it's just automation and persistence. They can get through typically within 15-45 minutes instead of you spending hours redialing.

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Julian Paolo

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I need to apologize to everyone in this thread. After calling the Louisiana Department of Revenue SEVENTEEN times this morning and getting nowhere, I broke down and tried the Claimyr service someone mentioned above. I was absolutely convinced it wouldn't work. I got a call back in 23 minutes with an actual Louisiana tax representative on the line. They confirmed I didn't need to file there because my MLP income was below their true filing threshold (which wasn't clearly stated on their website). Saved me from filing an unnecessary return and the agent gave me a direct reference number for my records in case it ever comes up in the future. I've never been happier to be wrong about something.

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Ella Knight

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Another thing to consider with MLPs is whether the states have economic nexus standards that might exempt you from filing. Some states technically require filing for any amount, but practically speaking, they don't enforce it below certain thresholds. I've had clients with tiny MLP income amounts in multiple states, and we've safely skipped filing in states where the income was under $10 because the cost of compliance would far exceed any benefit to the state.

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Would the MLP let you know if you're exempt from filing in certain states? I'm worried about getting in trouble for not filing even though the amounts are tiny like $5 or $6.

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Ella Knight

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MLPs typically don't make filing determinations for their investors - they just report the income allocation. They won't tell you if you're exempt because technically that's tax advice they're not in a position to provide. The practical reality is that states have limited enforcement resources. While technically you might need to file for even $1 of income in some states, the states themselves generally don't pursue filing enforcement for very small amounts because it costs them more to process than they'd collect. However, if you want complete compliance peace of mind, filing in all states where income is reported is the most conservative approach.

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Has anyone actually gotten a notice from a state for NOT filing a nonresident return for tiny MLP income? I have fractional shares of 3 different MLPs with income under $20 in like 12 different states but I've been ignoring them for years...

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Jade Santiago

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I've never heard of anyone getting notices for super small amounts. I've had $12 of income in Arkansas from an MLP for 5 years and never filed there. No issues so far.

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I'm dealing with a similar MLP situation and wanted to add some clarity on the filing requirements. Based on my research and experience with my tax preparer: For **Louisiana**: They do require nonresident filing for ANY income, but there's an administrative tolerance - they typically don't pursue compliance for amounts under $25-50. For **New Mexico**: Similar story - technically required to file for any amount, but enforcement is practically non-existent for tiny amounts. For **Ohio**: They have a $12,200 filing threshold for nonresidents (as of 2024), so your $3 wouldn't require filing. For **Oklahoma**: The threshold is around $1,000 in Oklahoma-sourced income, so your $7 is well below that. For **Pennsylvania**: They have a $33 filing threshold for nonresidents, so your $9 is below that as well. The conservative approach is to file everywhere you have income reported. The practical approach is to focus on states that actually enforce small amount filing (mainly LA and NM from your list). Most tax professionals I've spoken with suggest the practical approach for amounts this small, but ultimately it's your comfort level with technical compliance vs. practical risk.

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Ryan Andre

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This is exactly the kind of detailed breakdown I was looking for! Thank you @Kingston Bellamy for the specific thresholds. Based on what you've shared, it sounds like I really only need to worry about Louisiana and New Mexico from my list, and even then the enforcement risk seems minimal for such small amounts. I think I'm going to take the practical approach and file in Louisiana and New Mexico just to be safe (since they seem to be the most strict), but skip Ohio, Oklahoma, and Pennsylvania since I'm clearly below their thresholds. One follow-up question - do you know if these state thresholds get updated regularly? I want to make sure I'm working with current information before making my final decision.

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NebulaNinja

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Great question about threshold updates! State filing thresholds can change annually, though they don't always do so. Most states announce changes as part of their annual tax law updates, usually published between December and February for the following tax year. For the most current information, I'd recommend checking each state's Department of Revenue website directly, as they typically post current year filing requirements in their nonresident tax guides. You can also look at the state-specific instructions that come with popular tax software - they're usually updated with the latest thresholds. That said, the thresholds @Kingston Bellamy mentioned align with what I've seen for recent tax years, so you're probably working with good current info. Your practical approach of filing in LA and NM while skipping the others where you're clearly below thresholds sounds very reasonable given the tiny amounts involved.

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Just wanted to chime in as someone who's been through the MLP tax nightmare multiple times. The advice here is solid, but I'd add one more consideration: if you're planning to invest in MLPs again in the future, it might be worth establishing a filing pattern now even for small amounts. Some states have "lookback" provisions where if you file in one year, they expect you to file in subsequent years even if your income drops below thresholds. This is particularly true for Louisiana and New Mexico. If this was truly a one-time mistake and you're never touching MLPs again, then the practical approach of only filing where enforcement is likely makes sense. But if there's any chance you might end up with MLP income again, consider whether starting a filing relationship with these states now is worth the hassle to avoid complications later. Also, since you mentioned the tax due would be $0 in all states anyway, you might want to check if any of these states charge filing fees for nonresident returns. Some states have minimum fees (usually $25-50) even when no tax is owed, which could make the "file everywhere to be safe" approach more expensive than you'd expect.

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This is really helpful advice about the lookback provisions - I hadn't considered that angle at all! Since this was definitely a one-time mistake (lesson learned about MLPs!), I think I'm comfortable with the practical approach of minimal filing. Good point about the filing fees too. I should definitely check if Louisiana and New Mexico charge minimum fees before I decide to file there "just to be safe." If they're charging $25-50 each for a $0 tax liability, that would definitely tip the scales toward not filing at all given the tiny income amounts and low enforcement risk. Do you happen to know off the top of your head which states typically charge these minimum filing fees for nonresident returns?

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