Pass-through Entity Elective Tax (PTE)

Navigate state taxes more effectively with the Pass-through Entity Elective Tax strategy for your business.

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Discover how Pass-through Entity Elective Tax works

The Pass-through Entity Elective Tax (PTE) is a state-level tax option that allows pass-through entities such as S corporations and partnerships to elect to pay state taxes at the entity level instead of at the individual level. This strategy is designed to circumvent the federal cap on state and local tax (SALT) deductions, potentially providing tax savings to individual members or partners.

Required documents

Eligibility criteria for electing PTE vary by state. Generally, Partnerships, S Corporations, and Limited Liability Companies (LLCs) treated as partnerships or S corporations for tax purposes may be eligible.

To elect and implement the PTE, you will need:

  • State-specific election forms to opt into the PTE.
  • Documentation of income and distributions for the entity.
  • Calculations showing the elective tax payment and its impact on members’ or partners’ tax liabilities.

Benefits of Pass-through Entity Elective Tax

  • Tax Savings: Allows entity members to bypass the $10,000 SALT deduction cap, potentially reducing their overall tax burden.
  • Simplified Tax Reporting: Consolidates state tax obligations at the entity level, simplifying individual tax filings.
  • Enhanced Financial Planning: Provides more predictable tax planning opportunities by centralizing tax responsibilities.

How to Opt into Pass-through Entity Elective Tax

To elect the PTE, follow these general steps:

  1. Determine Eligibility: Verify that your entity qualifies for the PTE election in your state.
  2. Make the Election: File the necessary forms with your state’s tax authority to elect the PTE. This may include an annual election form or an election made with the entity’s tax return.
  3. Calculate Taxable Income: Determine the entity’s taxable income subject to the PTE. This typically includes the distributive share of income for all owners.
  4. Pay the Tax: Remit the PTE to the state tax authority by the required deadlines. This may involve estimated tax payments throughout the year.
  5. Report on Returns: Report the PTE on the entity’s tax return and provide necessary information to owners for their tax filings.

Important considerations

Electing the PTE requires careful consideration of the tax implications for all members of the entity. It’s important to analyze whether the elective tax will result in actual tax savings when considering federal and state tax rates. 

IRS Guidelines and Compliance

While the PTE is a state-level tax, it is important to ensure compliance with IRS guidelines. Key considerations include:

  • Deductibility: Verify that the PTE is deductible at the federal level as a business expense.
  • Reporting Requirements: Ensure proper reporting of the PTE on both the entity’s and owners’ federal tax returns.
  • Documentation: Maintain detailed records of the PTE election, payments, and related calculations.

For more information, please refer to your state’s PTET instructions.

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