1065-IL: Resident vs. nonresident partners

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Resident partners

Per Form IL-1065 instructions, a resident partner is:

  • an individual who is present in Illinois for other than a temporary or transitory purpose;
  • an individual who is absent from Illinois for a temporary or transitory purpose but who is domiciled in Illinois;
  • the estate of a descendent who at his or her death was domiciled in Illinois;
  • a trust created by a will of a descendent who at his or her death was domiciled in Illinois; or
  • an irrevocable trust if the grantor was domiciled in Illinois at the time the trust became irrevocable. For purposes of this definition, a trust is irrevocable to the extent that the grantor is not treated as the owner of the trust under IRC Sections 671 through 678. For a more detailed explanation of "domicile" and "resident", see the General Instructions for Form IL-1040, Individual Income Tax Return.

Nonresident partners

A nonresident partner means a partner who is not a resident of Illinois, as defined previously. By definition, corporations, partnerships, exempt organizations, S corporations, and foreign governments are considered nonresidents, despite their address.

Form IL-1054, Page 2, line 35 derived inside/outside Illinois

By default, UltraTax/1065-IL includes all passthrough income on Form IL-1065, lines 37 and 45; even when all income is from Illinois. Therefore, Box B will be marked on Step 5 of Form IL-1065. If all income is from Illinois and Box A should be marked, mark the Passthrough income is apportionable checkbox on Screen ILAlloc, located in the Adjustments folder. This removes the amounts from lines 37 and 45.

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