Question

Multi State Filings

Forum|Forum|6 years ago
May 5, 2020
1 reply
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I am a resident of CA but I am a limited partner of the LLC in VA. I received a partnership K1 from the LLC in VA.

Do I need to file a non-resident VA return? The income on K1 is only $700.

Also, I see a tax withheld on VA K1. Can I claim a credit for that tax on my CA resident return?

RobertG

You are not required to file a return for VA. Here are the VA filing requirements.

You must file an income tax return in Virginia if:

you are a resident of Virginia, part-year resident, or a nonresident, and
you are required to file a federal income tax return, and
you have Virginia adjusted gross income equal to or greater than the amounts below:

Filing Status Income Threshold

Single or married filing separately $11,950

Married filing jointly $23,900

Who should file?

File a return to get a refund if:

your Virginia adjusted gross income is less than the required amount for your filing status, and
income tax was withheld from any payments you received

You can claim a credit on your CA return for tax paid to another state, but only if you file a return for that state, otherwise it is not a tax imposed, only a tax withheld.

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K

Kate6Author

Unfortunately, I found out that this is not how it works. VA adjusted gross income threshold is based on the income from all sources aka federal income. The federal income is 60k thus I am required to file. Then VA allocated the income between states and taxed only the VA income. Also CA and VA are reverse states so I couldn't claim a credit on a CA return, but had to claim a credit on a VA return for taxes paid to CA .

This is what I found out. Let me know if you have any other sources.