Wyoming does not impose an income tax on partnerships or partners

# Summary

Wyoming imposes no income tax on partnerships and no income tax on a partner's distributive share. Both halves are covered by the Legislative Service Office's rates table, which records the individual income tax and the corporate income tax each at 0% with $0 collected.

Because there is no Wyoming income tax at either level, there is no Wyoming composite return, no nonresident withholding on distributive shares, and no pass-through entity tax election — there is no Wyoming income tax for such a regime to collect or to credit against.

Wyoming also imposes no entity-level gross receipts or margin tax, so unlike Nevada, Texas or Washington there is no replacement levy that a partnership needs to consider.

# Wyoming Legislature statement

The Legislative Service Office's "Wyoming Statutory Tax Structure: Title 39," dated June 3, 2025, records in its rates and collections table:

Individual Income Tax — FY25 base rate: 0% (Note Art. 15, Sec. 18) — FY24 collections: $0

Corporate Income Tax — FY25 base rate: 0% (Note Art. 15, Sec. 18) — FY24 collections: $0

A partnership is a pass-through: its income is taxed, if at all, either at entity level or in the hands of its partners. Wyoming levies nothing at either point. The LSO table lists the complete set of Wyoming taxes, and no entity-level income, franchise, margin or gross receipts tax appears in it.

# The preemption reaches beyond "income tax"

Title 39's income tax chapter consists of one section, which reserves the field rather than taxing it. W.S. § 39-12-101, "Preemption by state":

"The state of Wyoming does hereby preempt for itself the field of imposing and levying income taxes, earning taxes, or any other form of tax based on wages or other income and no county, city, town or other political subdivision shall have the right to impose, levy or collect such taxes."

The drafting is deliberately broad — "income taxes, earning taxes, or any other form of tax based on wages or other income." A tax on a partner's distributive share would be a tax based on other income and falls within the preempted field, as would an entity-level tax measured by partnership income.

The operative effect of § 39-12-101 is on local government: no county, city, town or other political subdivision may impose such a tax. The State has reserved the field to itself and, as the LSO table records, has not exercised it. So the answer is uniform across Wyoming for both the partnership and its partners.

# Filing consequences

There is no Wyoming partnership income tax return, no state Schedule K-1 equivalent, and no Wyoming filing obligation arising from a partner's distributive share.

A nonresident partner of a Wyoming partnership owes no Wyoming income tax on that partnership income. A Wyoming-resident partner of an out-of-state partnership owes no Wyoming income tax on it either, though that partner may owe income tax to the state where the partnership does business, which this determination does not address.

A Wyoming partnership may still owe sales and use tax, property tax, lodging tax, and severance taxes on mineral extraction, on the same terms as any other business. Entity formation and annual report obligations sit with the Wyoming Secretary of State.

# Coverage and verification

Tax years covered: 2025.

Verified on 2026-08-13 against the Wyoming Legislative Service Office's "Wyoming Statutory Tax Structure: Title 39" dated June 3, 2025, the Wyoming Constitution as published by the Secretary of State including amendments through November 18, 2024, and Wyoming Statutes Title 39 as published in this library.

The statements about the absence of a composite return, nonresident withholding, and a pass-through entity tax follow from the absence of a Wyoming income tax rather than from a provision disclaiming them; no Wyoming authority establishing any such regime was found.

Sourcing note. The Wyoming Department of Revenue does not state this position; its homepage, mission page and the Excise Tax Division FAQ were retrieved and contain no mention of income tax. This determination rests on the Legislature rather than the tax administering agency.

Wyo. Const. art. 15, § 18 conditions an income tax rather than prohibiting one, so this determination should be re-verified each session year.

# Sources

Wyoming Legislative Service Office, Wyoming Statutory Tax Structure: Title 39 (June 3, 2025) — https://wyoleg.gov/InterimCommittee/2025/03-202506032-01WyomingtaxstructureratesandcollectionsJune32025.pdf

W.S. § 39-12-101, as published in this library.

Wyoming Constitution, art. 15, § 18 (Wyoming Secretary of State) — https://sos.wyo.gov/Forms/Publications/WYConstitution.pdf