“SALT” Limitation Work Around is Available in Many States

As part of the Trump tax legislation passed in 2017, the itemized deduction for state and local taxes (SALT) was limited to $10,000.  For many people living in high tax states (MA, CA, NY, etc.), this lost deduction has been costly. In response to that limitation, twenty-nine states have adopted regulations that allow Pass-Through Entities (PTE), which are S-Corporations and partnerships, to pay the income tax associated with these entities at the entity level as opposed to the individual level, resulting in a deduction at the federal level.  It is important to note that in Connecticut it is mandatory and passthrough entities are liable for the income tax levied. This has significantly positive benefits for profitable pass-through PTEs.  

An example from Massachusetts:   

Assume a PTE has pre-tax net income of $1,000,000

Assume the owner meets the $10,000 SALT limit with real estate taxes and state withholdings

Under both the old law and new law, the tax in Massachusetts is $50,000

Under the old law, this is a throwaway cost, with no tax benefit.

Under the new 63D regulation in Massachusetts, this payment can be made at the entity level and potentially save the taxpayer $13,500.

 

The process is a bit confusing, and every state has different rules, so if we have not addressed it with you already, please contact our office to go over your particular situation.

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Tools & Resources

Internal Revenue Service

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Internal Revenue Service Payments

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Mass Dept. of Revenue

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Mass Tax Connect

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