State and Local Tax Law (2024)

If you are thinking about starting a small business, it doesn’t matter where your new business operates, it will need to pay certain state and local taxes, in addition to those required by the federal government. Since tax laws pertaining to small businesses can vary among jurisdictions, it is critical that you check with your state and local government revenue or taxation office to determine the tax obligations of your new business. Keeping this in mind, the following is a general discussion of the typical state and local taxes for small businesses.

State Income Tax

All businesses must pay state income taxes. Some businesses, such as corporations, are taxed as separate entities for income purposes, while the income of other businesses is not taxed separately from the income(s) of their principal owner(s). For example, in most states, a sole proprietorship’s income and expenses are included on the personal income tax return of the sole proprietor. Partnerships and limited liability companies (LLCs) are also often taxed like a sole proprietorship, although LLCs may elect to be taxed like a corporation.

State business income tax is typically a pay-as-you-go tax, meaning businesses usually must pay the tax as income is earned throughout the year. As a business, you may be required to make estimated tax payments during the year. If you are not required to make estimated tax payments, you may pay any tax due when you file your business or individual income tax return at the end of the tax year in April.

To learn more about business income tax obligations, how to pay your business income tax, and other business regulations in your state, you can visit the Internal Revenue Service (IRS) website, which provides links to the state governments of all 50 states.

State Employment Tax

If you intend to hire employees for your new business, you should be aware that employers are required to pay certain employment-related state taxes, in addition to those required by the federal government. Depending on where you operate your business, your state employment tax obligations can include:

  • Withholding a portion of each employee’s wages to pay state income tax on their behalf
  • Payment of unemployment taxes
  • Payment of state workers’ compensation insurance
  • Retention of your business’s payroll and employment tax records for a number of years

Remember also that in addition to payment of state employment taxes, one of the first steps you will need to take when starting a small business is to obtain an Employer Identification Number (EIN) from the IRS. Your business may also need to acquire a similar tax identification number from your state’s department of revenue or taxation.

Local Taxes

Your tax obligations do not end at the federal and state level; you will also likely be subject to local (city or county) taxes as well. The taxes you may need to pay to your local government can include:

  • Property tax
  • Operating tax, which is used by some cities in lieu of a business license
  • Sales tax, if your business is engaged in retail sales
  • Income tax, which is rare but may be imposed on businesses operating in larger cities

As with state taxes, your local taxes will vary depending on the rules of the city and county that your business is operating within.

Free Consultation with a Business Tax Attorney

If you are here, you probably have a business tax law issue you need help with, call Ascent Law for your free tax law consultation (801) 676-5506. We want to help you.

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State and Local Tax Law (2024)

FAQs

What is local tax law? ›

A local tax is an assessment by a state, county, or municipality to fund public services ranging from education to garbage collection and sewer maintenance. Local taxes come in many forms, from property taxes and payroll taxes to sales taxes and licensing fees.

What is the state and local tax provision? ›

The SALT tax deduction allows taxpayers who itemize to deduct certain state and local taxes to reduce their federally taxable income by as much as $10,000.

What is state and local income tax? ›

Income tax - The amount of state and local income tax you pay will depend on how much income you earn and the tax rate of the state or locality where you live. Currently, 41 states collect income tax on salary and wages. Personal property tax - You may have to pay taxes based on the value of your personal property.

Do states have their own tax laws? ›

A discussion of taxes frequently refers to the national federal tax system. However, states also have their own tax codes and regulations that can be just as important for individuals and businesses.

Can you get in trouble for not paying local taxes? ›

You can only go to jail for not paying your taxes if criminal charges are filed and you are prosecuted and sentenced in a criminal proceeding. Criminal tax violations are clearly outlined in the tax code and criminal tax charges can only be brought for violations of those provisions.

Who controls local taxes? ›

Taxpayers in all 50 states and the District of Columbia pay property taxes, but the tax on real property is primarily levied by local governments (cities, counties, and school districts) rather than state governments. With a few exceptions, states typically levy taxes on personal property.

What is the primary purpose of state and local taxes? ›

State and local taxes are taxes imposed by a state, county, or municipality to raise revenue to fund public services such as education, trash collection, etc.

How does state and local tax deduction work? ›

Taxpayers who itemize deductions on their federal income tax returns can deduct state and local taxes--specifically property taxes plus either income taxes or general sales taxes. However, the Tax Cuts and Jobs Act limits the total state and local tax deduction to $10,000.

What are three things local and state taxes pay for? ›

State and local general expenditures include spending on schools, health care services, and general administration (among other activities in the general government sector) but exclude government-run liquor stores, utilities, and insurance trusts, which are accounted for separately in the census.

What is an example of a local tax? ›

Local taxes can come in a range of forms and they can include sales taxes, licensing fees, payroll taxes, and property taxes, for example.

What is my state and local tax rate? ›

The California state sales tax rate is 7.25%. This rate is made up of a base rate of 6%, plus California adds a mandatory local rate of 1.25% that goes directly to city and county tax officials.

Can a state exist without taxes? ›

Most states have income taxes, but eight states do not. Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington (state) and Wyoming do not collect individual income taxes to fund their state governments.

What do local taxes pay for? ›

State and local spending keeps communities running, whether through funding to repair local public schools and pay teachers, run police departments, provide housing subsidies to low-income families, help seniors pay utility bills, or operate other programs.

Which state are not paying taxes? ›

As of 2023, Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming are the only states that do not levy a state income tax. Note that Washington does levy a state capital gains tax on certain high earners.

What is the meaning of local taxation? ›

A local tax is a tax levied by a local government on the residents of that area. The tax is usually based on the value of the property, income, or goods and services purchased in the area. The purpose of the tax is to raise revenue for the local government to fund local services such as schools, police, and roads.

What is a local tax bill? ›

Council tax is the local tax which helps councils pay for the services they provide. We use the money collected for council tax to maintain roads and street lighting, for services such as street cleaning and rubbish collection and for things like 'Meals on wheels'.

Does everyone have to pay local taxes? ›

Only localities in states with state income tax impose a local income tax. As an employer, you must pay careful attention to the local taxes where your employees work. If the tax is a withholding tax, local tax laws require you to withhold the tax from employee wages and remit it.

Is local tax the same as federal tax? ›

With federal taxes, the higher your income, the more you pay. But with state and local taxes, the higher your income, the less you pay. As a result, state and local taxes counteract some of the equalizing effects of the federal tax system.

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