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Level 2
April 9, 2020
Question

K-1s and State Source Income

  • April 9, 2020
  • 1 reply
  • 0 views

I have a client with a K-1 from a partnership.  The partner is actually a family trust.  The trust has never filed a tax return and the client has been treating the K-1s from the partnership as hers on her personal returns.  This year there is a large capital gain.  Should the trust have been filing a return and issuing a K-1 to the client as the trust's beneficiary?  Does the trust create Arizona source income (the trust was created in Arizona and the trustee lives there) for this client who lives in another state?

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1 reply

sjrcpa
Level 15
April 9, 2020

What kind of trust is it?

It may well be Arizona income depending on the type of income. Is this a business capital gain? Or an investment capital gain?

The more I know the more I don’t know.
Level 2
April 11, 2020

It's an irrevocable grantor trust . . . the fiduciary is the beneficiary, lives out of state.  The trust is a member of an LLC.  The LLC realized a capital gain, it sold it's only asset, some land.

sjrcpa
Level 15
April 11, 2020

A grantor trust is ignored for income tax purposes. The grantor reports the income on their own tax return.

Most states are gonna tax a gain from real estate in their state. Where was the land?

The more I know the more I don’t know.