As a business owner, dealing with taxes can feel overwhelming. One opportunity that often goes overlooked is the potential tax savings associated with the State Pass-Through Entity (PTE) tax. This article will delve into the importance of making a timely State PTE tax election and how it can help you lower your federal taxable income, leading to significant savings.

UNDERSTANDING STATE PTE TAX

State PTE taxes are designed for pass-through entities such as S corporations, partnerships, and limited liability companies (LLCs) that are taxed as partnerships. These entities do not pay income tax at the corporate level. Instead, income is passed through to individual owners or shareholders, who report it on their personal tax returns. Several states have introduced PTE tax elections as a workaround to the federal State and Local Tax (SALT) deduction cap introduced by the Tax Cuts and Jobs Act (TCJA) of 2017 in Section 164(b)(6) (insert hyperlink to this code section https://irc.bloombergtax.com/public/uscode/doc/irc/section_164. This cap limits the amount of state and local taxes that can be deducted on an individual’s federal income tax return, if itemizing their deductions to $10,000. By making a timely PTE tax election, business owners can potentially circumvent this limitation and enjoy significant tax savings at the individual level by paying state tax though the PTE tax election at the entity level.

BENEFITS OF STATE PTE TAX ELECTION

• Reduction in Federal Taxable Income: One of the most compelling reasons to opt for a PTE tax election is the potential reduction in federal taxable income. When a pass-through entity pays state taxes at the entity level, these taxes can be deducted as a business expense. This reduces the overall taxable income reported on the federal level, leading to lower federal tax liabilities.
• Circumventing the SALT Cap: The SALT deduction cap has been a point of contention for many business owners since its implementation. By electing to pay state taxes at the entity level, pass-through entities can bypass this cap, as these payments are not subject to the $10,000 limitation. This can result in substantial tax savings for business owners, especially those in high-tax states.
• Simplified Tax Filing: Paying state taxes at the entity level can simplify the tax filing process for individual owners. Instead of each owner dealing with state tax payments and deductions on their personal returns, the entity handles the payment, making the overall process more streamlined and less prone to errors.

ACT NOW! THE IMPORTANCE OF TIMELY ELECTION

While the benefits of making a PTE tax election are clear, timing iskey. Many states have specific deadlines for when the election must be made. Missing these deadlines can result in the loss of potential tax savings for that tax year. Therefore, it is essential for business owners to be aware of the election timelines in their respective states and to act promptly.

• State-Specific Deadlines: Each state has its own rules and deadlines for making a PTE tax election. For example, some states may require the election to be made by the original due date of the entity’s tax return, while others may have different cut-off dates. It is imperative to consult with a tax professional or refer to state-specific guidelines to ensure compliance. The deadline to making a 2025 election could be as early as March 15^th 2025 for example, NYS and NYC hold this deadline for both calendar and fiscal year filers.
• Potential Penalties: Failing to make a timely election can not only result in missed tax savings but also potential penalties. Some states may impose penalties for late elections or for failing to remit the required tax payments on time. These penalties can add up, further increasing the financial burden on the business.
• Proactive Tax Planning: Making a timely PTE tax election is a crucial component of proactive tax planning. By planning ahead and making the election within the required timeframe, business owners can optimize their tax strategy and ensure they are taking full advantage of available tax savings opportunities. Understanding which states you’ve had filing requirements in previously and projecting which states you may have future filing requirements in is important to avoid missing a PTE tax election.

MORE TO CONSIDER

While the benefits of the State PTE tax election are numerous, there are additional considerations that business owners should keep in mind.

Nonresidents and Composite Filings: For pass-through entities with nonresident owners, they may be accustomed to making a composite filing. This means the entity files a single return on behalf of all nonresident owners. Making a PTE tax election could add additional administrative burdens on owners who may need to file a nonresident tax return now, where they previously did not have to. Composite and PTE tax filings are complex and don’t always play nice in the sand box together. Some states allow the nonresident to enjoy the benefits of the PTE credit despite filing a composite return and some do not. It is important to understand these nuances when determining which states to make a PTE tax election in.

Impact on Credits for Taxes Paid to Other States: When an owner pays state taxes at the entity level, other than their home state, they may not be able to claim a credit for those taxes on their personal state tax return. It is necessary to understand if a credit for taxes paid to other states is allowed in your home state when it relates to PTE tax. For example, Illinois does not allow for an Ohio PTE tax credit. This could result in double taxation, especially for owners who reside in states that do not allow credits for taxes paid at the entity level. It is important to consider the potential impact on your overall tax liability and consult with a tax professional to navigate these complexities.

CONCLUSION

In conclusion, the State PTE tax election presents a valuable opportunity for tax savings for business owners. By reducing federal taxable income and circumventing the SALT deduction cap, this election can lead to significant financial benefits. However, the importance of making a timely election cannot be overstated. Missing state-specific deadlines can result in lost tax savings and potential penalties. Therefore, proactive tax planning and consultation with a tax professional are essential steps to ensure you maximize the benefits of this tax strategy.Staying informed and acting promptly can help business owners effectively leverage the State PTE tax election to achieve substantial tax savings and improve their overall financial health.

MERCADIEN: A TRUSTED PARTNER FOR TAX CONSULTING

For personalized advice and detailed planning, consulting with a tax professional is highly recommended. The PTE tax election, while complex, remains a significant opportunity for passthrough business owners and understanding its nuances can lead to substantial benefits for your business.

Mercadien’s Private Company Services Group has extensive experience working with clients to assist them in navigating tax planning and other challenges over the years. Contact us today to learn more about how we can assist you and your organization and discuss how we can provide support with other matters related to your company.

DISCLAIMER: This advisory resource is for general information purposes only. It does not constitute business or tax advice and may not be used and relied upon as a substitute for business or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified accountant, tax practitioner or attorney licensed to practice in the jurisdiction where that advice is sought.