Pass-through entity tax election due dates are fast approaching in several states (2024)

The Tax Cuts and Jobs Act of 2017, also known as the TCJA, limited the deduction of state and local taxes by individuals to $10,000 per year for the tax years 2018-2025. This SALT cap, as it’s become commonly known, was highly controversial in some states.

Before 2018, the SALT deduction was unlimited. As a workaround to the TCJA SALT cap, over 30 states, and NYC, have enacted or have proposed passthrough entity (PTE) taxes. However, in order to take advantage of these PTE taxes, most states require elections by the entity, and several are rapidly approaching, both for the 2022 and 2023 tax years.

The details of what exactly pass-through entities are, when the IRS greenlit PTEs, and which states have enacted or proposed pass-through entity taxes are covered below. But first, there are several deadlines rapidly approaching for taxpayers wishing to elect PTE for both tax year 2022 and 2023.

Approaching deadlines for tax year 2022 pass-through entity (PTE) elections

Recently passed deadlines for tax year 2022 and 2023 PTE elections

What is a PTE?

The pass-through entity tax (PTE) allows partnerships, S Corporations and LLCs to elect to be taxed at the entity level for state income tax purposes. If the entity makes this election owners, partners or shareholders normally can either claim a state tax credit for their share of the PTE tax or may exclude their share of the PTE's income in computing their state income tax.

IRS gives PTEs the greenlight

On Nov. 9, 2020, the IRS issued Notice 2020-75, essentially green-lighting these PTE taxes by providing that partnerships and S corporations may deduct their SALT payments at the entity level in computing their taxable income or loss.

While the agency indicated that regulations would be issued, such guidance has yet to be provided, leaving tax practitioners and state regulators waiting.

PTE taxes differ from state to state

As the AICPA has pointed out, “the rules vary based on many factors, such as eligibility, election method, frequency (annual or one-time), tax base and rates, how and when to pay, filing forms, allowance of state credit for entity tax paid to another state, interaction with other state tax rules, etc.”1

Each state’s PTE tax rules must be reviewed carefully to ensure that decisions regarding whether or not to make an election should be made and the appropriate manner and timing to do so.

States that have enacted or proposed Pass-Through Entity Tax

Thirty states and one locality have enacted a PTE tax since the Tax Cuts and Jobs Act SALT cap / limitation was first put into place, all effective for tax year 2021 (unless noted otherwise). Those states are:

An additional five states have, as of the publish date, proposed pass-through entity tax legislature in committee. Those states are:

  • Hawaii
  • Iowa
  • Kentucky
  • Vermont
  • West Virginia

There are nine states that do not have a personal income tax, and therefore have no owner-level personal income tax on pass-through entity income. Those states are:

  • Alaska
  • Florida
  • New Hampshire
  • Nevada
  • Tennessee
  • Texas
  • Washington
  • Wyoming

And finally, there are seven states or localities with owner-level personal income tax on pass-through entity income that have not proposed or enacted PTE taxes. Those states are:

  • Washington, D.C.
  • Delaware
  • Maine
  • Montana
  • Nebraska
  • North Dakota
  • Pennsylvania

Learn more about pass-through entities and pass-through entity taxes with a free trial to CCH AnswerConnect.

As an expert in tax legislation and its impact, I've extensively studied the Tax Cuts and Jobs Act of 2017 (TCJA) and its ramifications on state and local taxes (SALT) deductions. The TCJA significantly altered the deduction of state and local taxes by capping it at $10,000 annually for individuals between 2018 and 2025, causing controversy in various states due to its limitations.

One pivotal aspect arising from the SALT cap was the emergence of pass-through entity (PTE) taxes across multiple states, including NYC, as a workaround. These taxes permit partnerships, S Corporations, and LLCs to opt for entity-level taxation for state income tax purposes, effectively allowing entity owners to claim state tax credits or exclude their share of the entity's income while computing state income tax.

The Internal Revenue Service (IRS) paved the way for PTE taxes on Nov. 9, 2020, with Notice 2020-75, allowing partnerships and S Corporations to deduct their SALT payments at the entity level when computing taxable income or loss. Despite this, specific regulatory guidelines from the IRS are still pending, leaving tax practitioners and state regulators awaiting formal guidance.

PTE tax rules vary significantly among states, as highlighted by the American Institute of CPAs (AICPA). These discrepancies encompass eligibility, election methods, tax base and rates, payment procedures, state credit allowance for entity tax paid to other states, and interactions with other state tax regulations. Consequently, careful scrutiny of each state's PTE tax rules is imperative when making election decisions.

Regarding states with enacted or proposed PTE taxes, 30 states and NYC have implemented PTE taxes effective for tax year 2021, with several others proposing or considering similar legislation. Additionally, nine states lack a personal income tax on pass-through entity income, while seven states or localities levy owner-level personal income tax on pass-through entity income but haven't proposed or enacted PTE taxes.

For deeper insights into pass-through entities and related tax structures, resources like CCH AnswerConnect offer valuable information to navigate this complex landscape.

Understanding the intricacies of PTE taxes, state-specific regulations, and the evolving nature of tax laws is crucial for taxpayers, practitioners, and state officials navigating the post-TCJA tax landscape.

Pass-through entity tax election due dates are fast approaching in several states (2024)

FAQs

How many states have state passthrough entity taxes? ›

A total of 34 states have enacted legislation that creates a pass-through entity tax as a workaround to the $10,000 cap on the state and local taxes (SALT) itemized deduction.

What is the benefit of PTE tax? ›

What Effect Does Pass-Through Entity Election Have? The key benefit to a PTE election is the full federal deductibility of the entity's state income taxes paid with a PTE tax. While the income and tax reported is dependent on each state's rules, there is no federal limit to the amount of PTE tax that is deductible.

What does it mean to be taxed as a pass-through entity? ›

A pass-through entity is a business structure legally akin to the individual(s) who owns it. It gets taxed at individual income tax rates and reports its income on the individual income tax returns of the business owner(s).

Is Connecticut PTE tax mandatory? ›

Pass-through entity tax optional starting January 1, 2024

Eliminates the standard base method and instead requires all entities electing to pay the tax to use the alternative base method.

How many states have a Ptet election? ›

As of May 31, 2023, 36 states and one locality had enacted a PTET, including seven states in 2023, in four of which a PTET is effective retroactively to 2022 — Indiana; Iowa (with its Department of Revenue on May 22, 2023, requesting comments on needed guidance by June 7, 2023); Kentucky; and West Virginia — while ...

Which state has the most tax audits? ›

California, worst state for IRS audits

The Golden State has the largest number of IRS offices of any state and that makes residents more likely to be targeted by federal auditors, according to TaxAudit.com.

Does Ptet reduce federal income tax? ›

If the election is made and the PTE tax is paid, this will generate a tax deduction on the entity's federal return, which in turn reduces the taxable income reported on the owners/partners federal K1.

Is PTE tax worth it? ›

The biggest benefit is that the PTE payment is a business deduction at the entity level, thus making this state income tax payment deductible on the federal tax return.

Does the IRS allow a deduction for pass-through entity tax? ›

PTEs that pay state income taxes at the entity level can then deduct the amounts paid when determining federal ordinary income, in effect creating a deduction for state income taxes that's not subject to the $10,000 limitation.

What is the consequence of being a tax pass-through entity? ›

A pass-through is exempt from business taxes. It passes earnings straight through to stakeholders, who do owe taxes on it. But the money is only taxed once. A pass-through entity also affords owners and investors an extra deduction on their personal taxes in some cases.

What is an example of a pass-through entity? ›

Sole proprietorships, general partnerships, limited partnerships, limited liability partnerships, limited liability companies, and S Corporations are all pass-through entities.

What is the difference between a pass-through entity and an LLC? ›

Limited liability companies (LLCs) are what's called “pass-through entities.” This means that the business does not pay corporate income taxes. Instead, the individual owners or members of the LLC collect its proceeds as income and then pay personal income taxes on the results.

How does the CT pass through entity tax work? ›

The law imposes a 6.99 percent tax on partnerships, LLCs, and S corporations. The tax is imposed on either the entity's entire Connecticut-sourced taxable income or an alternative tax base, which reduces taxable income by the percentage of nonresident ownership.

Who pays CT business entity tax? ›

The Business Entity Tax is required to be paid to the Department of Revenue Services (DRS) by a business entity subject to the tax on or before the fifteenth day of the fourth month following the close of each taxable year of the entity.

How do I pay my CT pass through entity tax? ›

File Electronically

Form CT‑1065/CT‑1120SI, Form CT‑1065/CT‑1120SI EXT, and Form CT‑1065/CT‑1120SI ES, Estimated Connecticut Pass‑Through Entity Tax Payment Coupon, must be filed and paid electronically. These returns can be filed and paid through the TSC or the MeF Program.

Which entity does not have pass thru taxation? ›

Sole proprietorships, general partnerships, limited partnerships, limited liability partnerships, limited liability companies, and S Corporations are all pass-through entities. Corporations, and limited liability companies that elect to be taxed as a corporation, are not pass-through entities.

Which state allows a state level qualified business income deduction? ›

Section 199A

Currently only three states allow this deduction: Colorado, Idaho and North Dakota, as they start with federal taxable income, conform to the IRC on a rolling basis and have not explicitly decoupled from the deduction.

Does Georgia have pass-through entity tax? ›

An electing pass-through entity is required to make estimated tax payments in the same manner as a C Corporation. You can submit the estimated tax payments using Form 602-ES or, if required under Ga.

Does Arizona have a pass-through entity tax? ›

The Arizona Pass-Through Entity (PTE) income tax is assessed at a rate of 2.98%11 of the income attributable to the partnership's or S Corporation's resident partners or shareholders, and the income derived from sources within Arizona attributable to the nonresident partners or shareholders.

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