Pass-Through Entity Tax (PTET) is the state-level workaround to the federal SALT deduction cap under IRC §164(b)(6). The TCJA capped individual SALT itemized deductions at $10,000 starting 2018, hammering owners of S-corporations and partnerships in high-tax states whose share of entity-level state income tax was now non-deductible on individual federal returns. Connecticut enacted the first PTET in 2018; on November 9, 2020, the IRS issued NOTICE 2020-75 explicitly blessing the workaround - confirming that state income taxes paid AT THE ENTITY LEVEL by a partnership or S-corporation are deductible by the ENTITY under §162, reducing flow-through income to owners and effectively shielding the state tax from the individual SALT cap. Since 2020, 36+ states plus New York City have enacted PTET regimes. The OBBBA (P.L. 119-21, July 4, 2025) PRESERVED PTET despite raising the federal SALT cap to $40,000 for 2025-2029 - earlier bill versions had threatened to limit PTET, but the final law made no PTET changes. Even with the $40K cap, PTET remains valuable: above the $500K MAGI phaseout, the cap reverts to the $10K floor, and high earners in high-tax states still benefit substantially from PTET. PTET mechanics vary dramatically by state: tax rates (typically matching the highest state rate), election timing (some require March 15 election BEFORE year-end financial results; others allow extensions through the 9th month), revocability (NY irrevocable annually; some states 3-year binding), payment timing (California demands $1,000 or 50% of prior year by June 15 with consequences for missing), and credit mechanics (some states give credit to owners; others reduce owner taxable income).
How it works: Partnership or S-corp elects to pay state income tax at ENTITY level. Entity deducts the state tax as §162 business expense, reducing federal flow-through income to owners. Owners receive K-1 with reduced taxable income (state tax effectively shielded from federal cap). Owners receive state credit or reduced state income, eliminating double state taxation. Federal SALT cap §164(b)(6) does NOT apply because tax is paid by entity, not individual.
Federal blessing: IRS Notice 2020-75 (November 9, 2020) - PTET payments deductible at entity level under §162.
Why it still matters post-OBBBA: $40K SALT cap phases down to $10K floor at $600K MAGI. High earners still benefit from entity-level deduction bypassing the individual cap entirely.
Cost: Cash flow impact (entity pays now); state administrative complexity; owner-level credit mechanics vary; multi-state issues for nonresident owners.
| Notice 2020-75 Element | Detail |
|---|---|
| Issued | November 9, 2020 |
| Authority | Treasury and IRS - announced intent to propose regulations |
| Holding | State income tax paid by a partnership or S-corporation under a "specified income tax payment" regime is deductible by the entity under §162 in computing non-separately stated income or loss |
| Effect on owners | Owners' K-1 share of business income is REDUCED by the entity-level PTET payment (reduced income model) OR they receive a credit (credit model) |
| §164(b)(6) bypass | Because tax is paid by entity, not individual, the individual SALT cap does not limit the deduction |
| Specified income tax payment | Notice term for state income tax imposed on and paid by entity that is creditable or reduces income at owner level |
| Regulations status | Proposed regulations promised but not yet issued as of 2026 - practitioners rely on Notice itself |
| OBBBA effect | OBBBA did NOT modify Notice 2020-75 framework; PTET preserved |
| State / Jurisdiction | PTET Structure (verify current rules) |
|---|---|
| New York State | Elective; annual irrevocable; graduated rate 6.85%-10.9%; election by March 15; pending proposal to extend to September 15 |
| New York City | Elective for partnerships with all NYC resident partners or S-corps with all NYC resident shareholders; layered on top of NYS PTET |
| California | Elective; 9.3% rate; extended through 2030; mandatory $1,000 or 50% of prior year tax due June 15; cure provision for 2026-2030 if June 15 missed; 5-year credit carryforward |
| Connecticut | Converted from MANDATORY to ELECTIVE in 2024; annual election with state return |
| Massachusetts | Elective; 5% rate (9% on millionaires above $1M income) |
| New Jersey | Elective; graduated rate 5.675%-10.9% (Business Alternative Income Tax) |
| Illinois | Made PERMANENT December 12, 2025 (was set to expire 1/1/2026); 4.95% rate |
| Michigan | Elective; extended deadline to last day of 9th month after year-end (e.g., 9/30/2026 for calendar 2025); 3-year binding election |
| Pennsylvania | No PTET (notable absence; flat 3.07% state income tax) |
| Oregon | Elective; rate up to 9.9% |
| Virginia | Extended sunset to 1/1/2027 (was 1/1/2026); pattern of annual extensions |
| Maryland | Elective; 8% rate generally |
| Arizona | Elective; 2.5% flat rate |
| Colorado | Elective; 4.4% rate |
| Georgia | Elective; 5.49% rate |
| Minnesota | Elective; 9.85% top rate |
| North Carolina | Elective |
| Oklahoma | Elective; deadline extended to return due date including extensions (2024+); Form 586 |
| Texas, Florida, Washington, Nevada, South Dakota, Wyoming, Tennessee, Alaska, New Hampshire | NO state income tax - PTET not applicable |
Facts: Robert is sole shareholder of NYS S-corporation. 2026 S-corp ordinary income before any state tax: $1,500,000. He is a NY resident. NYS top rate effectively 10.9%. NYC top rate 3.876%. Property taxes $20,000. Federal MFJ; total MAGI $1,800,000 (well above $500K SALT phaseout).
WITHOUT PTET:
S-corp ordinary income to owner: $1,500,000
Owner's NYS tax: $1,500,000 × ~10.9% = $163,500
Owner's NYC tax: $1,500,000 × 3.876% = $58,140
Total state-level income tax: $221,640
Plus property tax: $20,000
Total SALT: $241,640
Federal SALT deduction (post-OBBBA, phased to floor at $1.8M MAGI): $10,000
Lost federal deduction: $231,640
Federal tax cost of lost SALT (37% bracket): $231,640 × 37% = $85,707
WITH NYS PTET + NYC PTET election:
NYS PTET paid by entity: $1,500,000 × ~10.9% = $163,500
NYC PTET paid by entity: $1,500,000 × 3.876% = $58,140 (assuming all-resident shareholders eligibility)
Total entity-level state tax: $221,640
S-corp federal income to owner: $1,500,000 - $221,640 = $1,278,360 (reduced by PTET)
Federal tax savings from reduction in flow-through income: $221,640 × 37% = $82,007
Owner gets NYS credit for $163,500 PTET paid; NYC credit for $58,140; net state tax effectively the same
Owner's individual SALT cap still allows $10,000 federal deduction for property tax
Net federal tax savings from PTET: approximately $82,000 per year.
| State | Election Deadline | Revocability |
|---|---|---|
| New York State | March 15 of tax year (e.g., March 15, 2026 for tax year 2026); pending proposal to extend to September 15 | Annual irrevocable once made |
| New York City | Must elect NYS PTET first to be eligible | Annual |
| California | Election with timely filed return; mandatory June 15 prepayment of $1,000 or 50% of prior year; cure provision 2026-2030 for missed June 15 deadline | Annual |
| Connecticut (post-2024 conversion) | Annual with state return | Annual |
| Illinois | Annual; made permanent December 2025 | Annual |
| Michigan | Last day of 9th month after year-end (e.g., 9/30/2026 for tax year 2025) | 3-year binding election |
| Oklahoma | Return due date including extensions; Form 586 stand-alone available | Annual |
| Most states | Annual or 3-year binding; verify state-specific rules | Varies |
| State Model | Owner-Level Mechanic |
|---|---|
| Credit model (most states) | Owner reports FULL share of business income (without PTET reduction) on state return; takes nonrefundable credit equal to share of PTET paid; carryforward of unused credit varies by state |
| Reduced income model | Owner's K-1 reflects reduced income (after PTET); no credit needed at state level |
| Hybrid | Some states combine elements |
| NYS credit | Owner receives credit; refundable to extent exceeds NYS individual tax (cap exists) |
| California credit | 9.3% credit; nonrefundable; 5-year carryforward |
| Resident's home state credit | If PTET paid to State A by entity, resident of State B may or may not get credit on B return - varies by state |
| Multi-State Scenario | Treatment |
|---|---|
| NYS S-corp with all-NY-resident shareholders | Optimal - both NYS PTET and NYC PTET available; full benefit |
| NYS S-corp with mix of NYS and non-NY resident shareholders | NYS PTET still elective but allocation issues; NYC PTET NOT available (requires all NYC residents) |
| Nonresident shareholder's share of PTET | Credit varies - nonresident may get NYS credit; home state credit treatment uncertain |
| Tiered partnerships (upper-tier partnership owns lower-tier partnership) | Each tier may need to elect PTET separately; flow-through complexity; Notice 2020-75 unclear on tiered structures |
| Investment partnership (not "trade or business") | Notice 2020-75 silent on whether non-business pass-throughs qualify; conservative practitioners limit PTET to trade-or-business entities |
| Single-member LLC disregarded entity | Generally CANNOT elect PTET (not a partnership or S-corp); convert to partnership or S-corp first if PTET desired |
| Publicly traded partnership | Generally NOT eligible |
| Federal MAGI | OBBBA SALT Cap | PTET Value |
|---|---|---|
| Below $500K | $40,000 cap available | PTET still useful if state income tax + property tax exceed $40K; preserves full federal deduction |
| $500K - $600K (phaseout zone) | $40K phasing down to $10K floor at 30% rate | PTET very valuable - cap phasing out; entity-level deduction bypasses |
| Above $600K | $10K floor only | PTET essential for high earners - $10K cap minimal; PTET bypasses cap entirely |
| Above $1M | $10K floor; AMT phaseout also kicks in (2026 joint reset) | PTET essential; also helps with AMT - SALT not deductible for AMT either |
| 2030+ (post-OBBBA sunset) | Reverts to $10K cap permanently unless Congress acts | PTET permanently valuable for all high earners |
S-corporations must have a single class of stock under §1361(b)(1)(D). PTET payments and credit allocations that do not track share ownership PROPORTIONALLY could threaten S-corp status by creating differential economic rights among shareholders.
| S-Corp PTET Risk | Mitigation |
|---|---|
| PTET allocation not pro-rata with ownership | Verify all PTET allocations track exact share ownership percentages |
| Some shareholders are NY residents, others not - differential credit access | Most states address through residency-based allocation formulas; document carefully |
| Shareholder agreement modification | Avoid agreement language that gives differential rights to PTET credits beyond proportionate share |
| State-level statutory protection | Most state PTET statutes explicitly preserve S-corp single class of stock status |
| Practitioner verification | Confirm PTET mechanics do not inadvertently create second class of stock |
| Cash Flow Aspect | Detail |
|---|---|
| Entity-level payment timing | Entity pays state tax during the year (estimated payments + true-up); reduces entity cash |
| Owner-level offset | Owner sees reduced K-1 income (or receives credit) reducing their state tax due on individual return |
| Net cash position | Roughly neutral at owner level (same total tax paid) - the WIN is the federal deduction |
| Estimated payment coordination | Owner must REDUCE own state estimated payments to avoid double-paying; many practitioners miss this |
| Q4 timing | For calendar-year entities, Q4 estimated PTET typically due January 15 of following year; coordinate with owner's federal Q4 estimates due same day |
| Tax distribution clauses | Partnership/S-corp agreements often have tax distribution clauses funding owner's state tax; modify to account for entity-level PTET payment |
| Federal Limitation Check | Detail |
|---|---|
| §163(j) business interest limitation | PTET reduces business income - may impact §163(j) computation; consider ATI implications |
| §199A QBI deduction | PTET reduces QBI - QBI deduction calculated on REDUCED business income; some loss of QBI benefit; net often still favorable |
| §461(l) excess business loss | PTET payment reduces business income for §461(l) computation; in loss years, PTET deduction may push entity into greater EBL territory |
| Basis impact | PTET payment reduces basis in partnership interest or S-corp stock - tracking required |
| At-risk reduction | PTET payment generally not affecting at-risk amount directly; basis tracking required separately |
| NOL interaction | PTET in loss years contributes to entity-level loss; flows through K-1 as part of business loss |
Many state PTET statutes contain sunset clauses originally tied to the federal SALT cap's TCJA-era 2025 expiration. With OBBBA preserving the federal cap (now $40K), states are extending or making PTET permanent:
| State Sunset Status | 2025-2026 Action |
|---|---|
| Illinois | Made PERMANENT December 12, 2025 - removed sunset |
| California | Extended through 2030 (was sunsetting 2025) |
| Virginia | Extended to 1/1/2027 (one-year incremental) |
| Connecticut | Converted mandatory to elective in 2024 |
| NYS, NJ, MA, MD, GA, MN, others | Generally extended or no immediate sunset risk |
| Continuing to monitor | State-by-state legislative tracking required; PTET landscape continues to evolve |
NY March 15 deadline FALLS BEFORE entity year-end financial results are available - practitioner must estimate. California June 15 mandatory prepayment is binary - miss it and election void (2025 still under strict rule). Missing election deadline is the #1 PTET error.
PTET election is at ENTITY level. Once entity elects, ALL owners' shares are affected. Owner who would not benefit (e.g., low-income, doesn't itemize) cannot opt out at owner level. Election decision requires modeling for ALL owners.
Owner who elects PTET must REDUCE own state estimated payments accordingly. Many owners continue making full personal state estimates AND entity pays PTET - resulting in overpayment, refunds, lost interest, potential complications.
Cross-border resident: PTET paid to State A by entity - resident State B credit varies. Some states give credit; others do not. Resident may face DOUBLE state taxation if home state denies credit. Model state-of-residence treatment before electing.
Practitioners using prior-year K-1 templates may show full business income without PTET reduction. Tax software must be configured to reduce non-separately stated income by PTET payment under credit OR reduced-income model (depending on state).
Disproportionate PTET allocation among S-corp shareholders (e.g., due to differential state residency) could threaten S-corp status. Most state statutes carve this out; verify state-specific safe harbor; document allocations.
Single-member LLCs (disregarded for federal tax) generally cannot elect PTET (not a partnership or S-corp). Convert to multi-member LLC or check S-corp box BEFORE attempting PTET election.
Notice 2020-75 is unclear on non-trade-or-business investment partnerships (e.g., pure investment hedge funds without §162 trade or business). Conservative practitioners limit PTET to clear trade-or-business entities. Aggressive position vulnerable to IRS challenge.
Multi-tier partnerships (e.g., real estate operating partnership owned by master holding partnership) require careful PTET coordination. Notice 2020-75 silent on tiered structures. Conservative approach: elect at lowest tier; track basis carefully.
PTET reduces business income, which reduces QBI subject to §199A deduction. Some QBI benefit lost. Practitioner should model net effect (federal SALT savings vs lost QBI deduction); generally PTET still wins for high earners.
Partnership/S-corp agreements often require entity to distribute cash to owners equal to estimated state tax owed. With entity now paying state tax directly via PTET, double cash outflow occurs. Modify agreements to coordinate.
States are updating PTET statutes post-OBBBA. Connecticut converted to elective (was mandatory). Illinois made permanent. California extended through 2030. Practitioners using 2024 state law may miss new election windows or sunset extensions.
Nonresident owner of multi-state entity may face composite return obligations, withholding requirements, and unclear home-state credit. Some nonresident owners receive NO federal benefit from PTET (already at $40K cap) while bearing administrative burden.
PTET requires careful coordination of state estimated payments, basis tracking, agreement amendments, multi-state compliance, and federal optimization (QBI, §163(j), §461(l), AMT). Not "set-and-forget." Annual review required.
California 2026-2030 cure provision allows valid election even if June 15 missed - but 2025 missed deadline = no election. Year-by-year rules require verification.
Composite returns (entity files state return on behalf of nonresident owners) are DIFFERENT from PTET. Composite returns address state filing convenience; PTET addresses federal SALT cap. Some states allow both; some restrict. Distinguish before electing.
Primary authority: IRS Notice 2020-75 (November 9, 2020 - federal blessing of pass-through entity tax workaround; state income taxes paid by partnership or S-corporation are deductible by the entity under §162 in computing non-separately stated income or loss; "specified income tax payment" defined; effective for specified income tax payments paid on or after November 9, 2020 and to specified income tax payments made before that date in tax years ending after December 31, 2017, if a return was not filed before November 9, 2020). IRC §162 (Trade or business expenses - entity-level state tax deductible as ordinary and necessary business expense). §164 (State and local taxes - general deductibility). §164(b)(6) (SALT cap - $10,000 under TCJA; $40,000 under OBBBA for 2025-2029; MAGI phaseout begins $500K/$250K MFS; floor $10,000; reverts $10K in 2030). §164(b)(6)(B) (MAGI phaseout mechanics). §164(b)(6)(C) (5% top-bracket haircut). §1361(b)(1)(D) (S-corporation single class of stock requirement; PTET allocations must track ownership). §1366 (S-corp pass-through of income and deductions; basis tracking). §1367 (S-corp stock basis adjustments). §704 (partnership distributive share). §704(d) (partnership basis limitation). §163(j) (business interest limitation - EBITDA ATI permanent under OBBBA; PTET reduces business income affecting ATI). §199A (QBI deduction - PTET reduces qualified business income). §461(l) (excess business loss - OBBBA permanent; PTET in loss years contributes to EBL computation). §55-§59 (Alternative Minimum Tax - SALT not deductible for AMT; PTET also provides AMT benefit since not SALT). §56(b)(1)(A)(ii) (SALT add-back for AMT). One Big Beautiful Bill Act, P.L. 119-21, signed July 4, 2025. OBBBA §70120 (modified §164(b)(6) - $40K cap with $500K MAGI phaseout; PRESERVED PTET workaround without modification; earlier House proposal to limit PTET was rejected in final law). State PTET statutes - approximately 36 states plus New York City have enacted; key states: Connecticut (P.A. 18-49 - first state PTET 2018, converted to elective 2024); New York (NY Tax Law §860-866, NYS PTET); New York City (NYC PTET layered on NYS); California (Revenue and Taxation Code §17052.10 / §19900 - extended through 2030, mandatory June 15 prepayment, cure provisions 2026-2030); New Jersey (Business Alternative Income Tax - BAIT); Illinois (35 ILCS 5/201 - made permanent December 12, 2025); Massachusetts; Michigan (Act 135 of 2021 - 9-month deadline extension for 2024+, 3-year binding); Virginia (Code of Virginia §58.1-390 - extended to 1/1/2027); Oklahoma (Pass-Through Entity Tax Equity Act - Form 586 stand-alone). Form 1065 (partnership return). Form 1120-S (S-corp return). State-specific PTET forms (NYS PTET, CA Form 3804, etc.). Treasury Decision pending (proposed regulations on Notice 2020-75 framework have not yet been issued as of 2026).