COR2211. State PTE Elections - Validating the Opportunity

A major component of the 2017 _Tax Cuts and Jobs Act_ (TCJA) was the $10,000 limit on the state tax deduction (SALT Cap) for individual income tax return purposes. Since the TCJA’s passing, states have been looking for workarounds to provide income tax relief for individuals. The IRS disallowed many of the state workarounds that have been proposed but approved the pass-through entity-level tax election with the release of Notice 2020-75. The state PTE is effective because the SALT Cap is applicable for only individual income tax purposes. With the state PTE election, pass-through entity taxpayers, such as partnerships and S corporations, can elect to pay state income taxes at the entity-level return rather than on the personal income tax returns of the individual partners and owners. This treatment can circumvent the SALT Cap. This session will provide an overview of states that have implemented a PTE election and desribe the various nuances of the election from state to state. Further, it will describe when the PTE election can be a tax savings opportunity as well as considerations of when PTEs should be cautious with regards to the election.

Learning Objectives:

• Analyze which states allow for PTE elections and how those elections differ from state to state.
• Determine when an election could be valuable as opposed to when it might be detrimental to certain PTE owners.