Welcome back! Ask questions, get answers, and join our large community of tax professionals.
cancel
Showing results for 
Search instead for 
Did you mean: 

Multi-State K-1 with different State Tax Treatments - Cannot Stop Income Flow Through to NY

Toshiespeaks
Level 2

My NY State Resident Client received a K-1 prepared by a reputable Accounting Firm, which states that:

"The Firm is treated as a S Corporation for Federal and California purposes and C Corporation for New York, New Jersey, and Washington DC, As a shareholder of the Firm that files a California S Corporation Tax Return, you will have a California individual income tax filing requirement."

I input the S-Corporation K-1 correctly using source codes for all (Fed with the N and CA with the S) and even tried putting $0 for NY with the S, but it did not work; ProConnect is still overriding the entries and adding it to the NY State Tax Return since NY State taxes all income.  The problem is that NY has already taxed this income as a C Corporation on a NY State Franchise Tax Return.  Is there any other work around other than filing the Federal and California first and then removing the K-1 and filing the NY? 

For such a simple thing I have wasted so many hours and now with all my attempts to remedy I have to review the Federal and California again thoroughly to make sure I did not inadvertently change anything.

Any help would be appreciated.

0 Cheers
1 Solution

Accepted Solutions
itonewbie
Level 15

Based on what you mentioned, my understanding is that your client was a NYS tax resident.

You can't force zero flow-through from the K-1.  That's not how it's supposed to work.

It is anticipated within the legislation and tax return design that everything will flow through to IT-201 like any regular K-1.  The shareholder would then make the necessary adjustments on IT-255 to add to and subtract from Federal AGI to reverse those flow through items.  Lastly, the shareholder would add back actual distributions that should be subject to tax based on the S corp being treated as a C corp for NYS tax purposes.

Edit: You can find the modification codes in the filing instructions for IT-255.

---------------------------------------------------------------------------------
Still an AllStar

View solution in original post

5 Comments 5
itonewbie
Level 15

Based on what you mentioned, my understanding is that your client was a NYS tax resident.

You can't force zero flow-through from the K-1.  That's not how it's supposed to work.

It is anticipated within the legislation and tax return design that everything will flow through to IT-201 like any regular K-1.  The shareholder would then make the necessary adjustments on IT-255 to add to and subtract from Federal AGI to reverse those flow through items.  Lastly, the shareholder would add back actual distributions that should be subject to tax based on the S corp being treated as a C corp for NYS tax purposes.

Edit: You can find the modification codes in the filing instructions for IT-255.

---------------------------------------------------------------------------------
Still an AllStar
Toshiespeaks
Level 2

Thank you so much!  This solution will work.

0 Cheers
itonewbie
Level 15

No problem, @Toshiespeaks.  Just to be clear, this is not a workaround solution but the technically correct way to file the return.

---------------------------------------------------------------------------------
Still an AllStar
0 Cheers
Toshiespeaks
Level 2

I appreciate that.  I just wish the software would have guided me to that solution. 

0 Cheers
itonewbie
Level 15

But honestly, you can't expect any software to guide you through everything.

When I come across something unfamiliar, whether or not the software will do the fancy calculations automatically, I'd always read up on the instructions (like in the good ol' days) and do a bit more technical research.  The output can only be as good as your input and there could always be a couple more switches you need to flip for your particularly situation before the software will correctly prepare the return.  I can then verify that the correct logic has been applied and that the return is technically correct.

If I'm wrong after all that due d, so be it.  But if I didn't do my homework and the return turns out to be wrong, I can't go back to blame Intuit or tell my client the return is wrong because of the software I use.

---------------------------------------------------------------------------------
Still an AllStar
0 Cheers