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My question is: May I have to file taxes in NY , IF the LLC has business in Fl only?

Amira
Level 2

Facts: LLC created in NY with 3 members living in Florida. The LLC has a rental property in Florida and the LLC was registered in Florida to do business.

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Accepted Solutions
Skylane
Level 11
Level 11

Are there other LLC members in other states?Do they file a 1065?

The income is Florida source income. If there’s no connection to NY, then no need to file NY return 

If at first you don’t succeed…..find a workaround

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5 Comments 5
Just-Lisa-Now-
Level 15
Level 15

and why was it created in NY if nobody lives there and no properties are there?


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Amira
Level 2

The LLC was created in 2014 and member are living in Florida since 2015

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Skylane
Level 11
Level 11

Are there other LLC members in other states?Do they file a 1065?

The income is Florida source income. If there’s no connection to NY, then no need to file NY return 

If at first you don’t succeed…..find a workaround
sjrcpa
Level 15

Read the NY instructions on who must file. I know they have a rule that says if there is a NY partner they have to file a NY return. There may be a rule that if it was formed in NY they have to file a NY return. If that is the case, perhaps they should redomesticate it to FL.


Ex-AllStar
Amira
Level 2

Thank you very much