NJ/NY K1 capital gain state allocation

[pasknyc]

I am an NJ resident and New York Nonresident. I received a K1 from an NY partnership where I am a passive (don't actively participate in the business) LP with a capital gain. 

I only received an NJK-1 and did NOT receive a  New York K-1. 

Do I need to allocate the capital gain within Turbotax to New York since the partnership is an NY partnership?

Do passive partnership capital gains count as "NY partnership gain" or as "other income from intangible personal property"?

Relevant tax info:

NY state tax is confusing to me as it has the following:

NY counts source income for nonresidents for: "your distributive share of New York State partnership income or gain;"

NY does NOT count source income for nonresidents for: "interest, dividends, or other income from intangible personal property, or gains from the sale or exchange of intangible personal property, unless the intangible personal property is employed in a business, trade, profession, or occupation in New York State;"

[JosephS1]

Unfortunately, the answer as to whether or not you have to file a NY Non-Resident Return (Form IT-203) is "it depends".  If the K-1 indicates the income that is passing through to you is all passive income then you would not have to file a NY return.  If the K-1 indicates the income is not passive, even though you may be a passive partner, you may have to file a NY return.

If Box D is checked, showing that this is a publicly traded limited partnership, and if Box G is checked showing you are a limited partner or other LLC member, you will not have to file a NY return.  It is similar to owning stock in a NY based corporation that you receive dividends from.  If we had to file non-resident returns for all dividends received based on the corporation headquarters location it would take us a year to just fill out the dividend allocation.

Review your K-1 for the below highlighted area.  If the highlighted Boxes are checked then there is no need to file a NY return.  If they are not checked if is possible you will have to file a NY return, but I would rate it as highly unlikely.

 @pasknyc 

[jsonp]

hi @JosephS1 where do you find passive income are not required to file NY state tax for non-NNY resident? I received NY k-1 and not sure if I need to file.  I am as passive real estate investment and the property was sold. on the form D (limited partner or other LLC member ) are select.  and it show my capital increase about 10K (the amount i am not sure if need to pay tax)