You can live in a No-Tax state and still Owe State Tax on your deals

You can live in a No-Tax state and still Owe State Tax on your deals

Accountant · San Francisco, CA · Member since 2026 · 106 posts · 56 votes

If you are a passive investor in a deal that owns property in another state, and that state taxes income, you likely owe tax there too, even if you've never set foot in it. Most LPs don't find out until the bill shows up.

The income is taxed where the property sits, not where you live. Your home state taxes it too, since it taxes everything you earn. It fixes the double-tax with a credit for what you paid the other state, but only up to your own home rate. So:

- Property state's rate is lower than home? You just pay your home rate.

- Property state is higher? The credit runs out and you eat the difference.

- Live in a no-tax state like Texas or Florida? Nothing at home to credit against, so the other state's tax is all extra. "I pay no state tax" stops being true the day you invest out of state.

The sting is the sale. During the hold it's small because depreciation keeps income low. At exit the gain is taxed by the property state, includes all that depreciation coming back, and some states hold money out of your proceeds at closing. Quiet for years, then a real number in one.

Often the operator handles the filing, or lets you opt into a group return. Easy, but it taxes you at the state's top rate with no deductions, so you can overpay versus filing yourself.

I'm a CPA and former Big Four CRE auditor, so I look at this from the tax side, not as an investor. Not a reason to skip on a good out-of-state deal, just worth knowing before you wire money.

When you have invested outside your state, did the operator handle it, or did you file in that state yourself?

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  • Aaron ZimmermanBusiness Member
    Accountant · Chicago, IL · Member since 2018 · 2k+ posts · 1k+ votes
    14h

    Yes this certainly surprises people. It’s a good reason to file in the state where your deal is (assuming it has Income tax) to register losses in the early years so you don’t have to pay more taxes than what you need.

    The entity could also do a composite payment for their investors too if there’s significant income.

    • Accountant · San Francisco, CA · Member since 2026 · 106 posts · 56 votes
      13h

      Good adds, @Aaron Zimmerman The loss point is the one people miss. A lot of LPs skip the nonresident return in loss years thinking no income means no filing, and some states then forfeit the carryforward, so nothing's banked against the exit gain.

      On composite, agreed, though it usually taxes at the top rate with no deductions, so a lower-rate LP can overpay versus filing their own. Worth running both. Do your clients' operators usually offer the composite, or do you file the states yourself?

    • Aaron ZimmermanBusiness Member
      Accountant · Chicago, IL · Member since 2018 · 2k+ posts · 1k+ votes
      12h

      Usually file the states myself. I do see PTET on there sometimes for some of the K-1’s! How about you?

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