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August 20, 2019
Question

K1 in California Owns Property in Colorado

  • August 20, 2019
  • 1 reply
  • 0 views

Hi,

 

I've invested in property in Colorado through a California LLC. The LLC had me fill out a Colorado Nonresident Partner or Shareholder Agreement, DR-0107, stating I'd pay any taxes due.

 

The K1 for 2018 shows a loss in box 2 of Form 1065. Do I still have to file a Colorado tax return stating I don't owe any tax?

1 reply

Employee
August 20, 2019

@caligal2019 wrote:

The K1 for 2018 shows a loss in box 2 of Form 1065. Do I still have to file a Colorado tax return stating I don't owe any tax?


You probably should file a return because it appears that Colorado allows passive loss carryovers for nonresidents. Those carryover losses could be used in a future year or years to offset any gain you may have to report on a Colorado income tax return.

 

The thread below may be a a few years old, but the information is still relevant.

 

See https://ttlc.intuit.com/community/state-taxes/discussion/does-the-state-of-co-allow-passive-loss-carryover/00/156472