Parents never paid state tax for out-of-state rental property

My parents live in Maryland and own a rental property in Illinois since 2013. They have never filed an Illinois non-resident return for their rental income ( ~2k/year ). They just paid the usual federal and Maryland state tax on the income. The property has just sold so they will be paying the IL capital gains tax.
Is there a way to file one amended return to get the money from Maryland? Or do they have to file for each of the last seven years? Doesn't IRS also say no need to keep returns older than 3 years?
And to pay Illinois, can they just pay without filing a return? If they have to file a return, do they do one again for each year , or one ?
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Reply to
Faraz Hussain

nonresident returns for each year they had source income from IL on that property. As they have never filed, the statute of limitations for assessments has not started. Assuming that $2K/year is substantially less than their federal income, the amount of tax is probably quite small for each year as the computation includes a ratio of IL income to federal income. 2. If they had filed and paid tax to IL and then paid tax to MD where they are residents on the same income, they could have calculated a MD state credit to avoid double taxation on that same income. 3. #2 is also applicable to any tax they pay to IL on the gain from the disposition of the property. 4. There is no way to just file one return for either IL or MD. They must file a tax return for each year as a nonresident of IL and if they pay IL tax on those returns, they can amend their MD annual returns to seek a credit. I will assume that MD probably has a statute of limitations relating to how far back you can amend a state return to obtain a refund. Therefore, it is possible that they can not obtain a refund from MD for some of the older years.
The above is based on MD & IL tax law as it exists today. It is highly likely that this procedure has not changed since 2013.
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Reply to
Alan

determine your deduction. The IL income less the deduction is then multiplied by a flat tax rate to arrive at the IL tax.
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Reply to
Alan

I assume "returns" was a thinko for "records". 3 years is not necessarily the limit, especially for real estate.
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To make it even more complex:
But you're quoting a half-remembered guideline of the _Federal_ Internal Revenue Service, and using it in a discussion of _state_ income taxes. States don't always follow the same rules as the IRS.
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Stan Brown, Oak Road Systems, Tompkins County, New York, USA 
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Reply to
Stan Brown

So they would need to file a return to IL for each year starting from 2013.. As for MD refund, I think you can only get refunds for past three years. This seems like a lot of work and hassle for just $500 in owed taxes. Is there a simpler method? I suppose they can hire a CPA but he will probably charge $500+ to tell them how to pay $500 :-)
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Reply to
Faraz Hussain

I am not sure I follow what you are saying here. I checked an IL state return and the only deductions I see are for the number of exemptions from the federal return . So it is a flat rate times the FAGI minus the exemptions..
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Reply to
Faraz Hussain

make adjustments to income. Most of the federal adjustments would be disallowed in Illinois to a nonresident as they do not relate to IL. E.g., The deduction for 1/2 of SE tax would be disallowed unless you had IL self-employment income. Educator expenses would be disallowed unless you were an employed as an educator in IL. But... some of those federal adjustments are allowed in full. I.e., you use the full federal amount. This could wipe out any IL source income and leave you with no IL base income subject to tax. E.g., alimony paid is allowed in full as a subtraction from your IL source income. Your HSA deduction is allowed in full. Your tuition & fees deduction is allowed in full. Any student loan interest deduction is allowed in full. Now, if you did not have any of those, then you will be left with IL base income subject to tax. The only deduction left would be the ratio of the exemption allowance and then a flat tax rate.
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Reply to
Alan

No. But see my other reply. They may not owe IL any tax.
I suppose they can hire a CPA but he will probably charge $500+ to tell them how to pay $500 :-) >
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Reply to
Alan

They do not have any of those deductions. They are both over 75 and retired.. I am not sure I follow you on the "ratio of the exemption" allowance? Could that wipe out the $2000 yearly rental income?
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Reply to
Faraz Hussain

exemption deduction would be $6350 X Ratio. The ratio is derived by dividing your nonresident IL Base Income (basically the rental income) by your IL Base Income as if you were a resident of IL. This number would approximate your federal AGI plus tax-exempt income less any taxable social security and less any taxable retirement income from a qualified retirement plan. So... the smaller the denominator the higher the ratio. A .315 ratio would generate a $2000 deduction leaving them with no taxable income. Once you get the taxable nonresident amount, you multiply by 4.3549% to derive the tax owed.
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Reply to
Alan

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