State Pass-Through Entity (PTE) Taxes
Pass-Through Entity Taxes
Many states have long allowed pass-through entities, including entities taxed as partnerships or under IRC Subchapter S, to file a composite return and pay the tax on behalf of the entity’s owners. (See information on state composite return and withholding rules on our website, here.) Beginning in 2018, however, states began adopting pass-through entity taxes in lieu of taxes on the entity’s owners. Since most states make this option elective, and since most states otherwise conform to IRC Subchapter K, states typically provide a credit or other offset for the owner’s share of the tax paid by the entity against any tax on that income that might be owed by the owner. These taxes may vary in the specific details and the information provided below is also subject to change.
General Information
- AICPA Tracking Map – States with Enacted or Proposed Pass-Through Entity Level Tax
- Article on State PTE Taxes (Wlodychak – State Tax Notes) – August 2021
- IRS Notice 2020-75 – Forthcoming Regulations Regarding the Deductibility of Payments by Partnerships and
S Corporations for Certain State and Local Income Taxes
State Agency Information or Legislation
- Alabama – PTE Info – Agency Website
- Arkansas – House Bill 1209 and Agency Website
- Arizona – Senate Bill 1783 and Agendy Website
- California FTB – PTE Info – Agency Website
- Colorado – House Bill 1327 and Agency Website
- Connecticut – PTE Info – Agency Website
- Georgia – House Bill 149 and Agency Website
- Hawaii – Senate Bill 1437 and Proposed Regulations
- Idaho – House Bill 317 and Agency Website (flowchart)
- Iowa – House File 352 and Agency Website
- Illinois – PTE Info – Agency Website
- Indiana – PTE Info – Agency Website
- Kansas – House Bill 2239 and Agency Website
- Kentucky – House Bill 5 and Agency Website
- Louisiana – PTE Info – Agency Website
- Maryland – PTE Info – Agency Website and PTE Instructions
- Massachusetts – House 4009 and Agency Website
- Michigan – House Bill 5376 and Agency Website
- Minnesota – PTE Info – Agency Website
- Mississippi – House Bill 1691 and Agency Website
- Missouri – House Bill 2400 and Agency Website
- Montana – Senate Bill 554 and Agency Website
- Nebraska – Legislature Bill 754 and Agency Website
- New Jersey – PTE Info – Agency Website
- New Mexico – House Bill 102 and Agency Website
- New York – PTE Info – Agency Website
- North Carolina – Agency Website
- Ohio – House Bill 246 and Agency Website
- Oklahoma – PTE Info – Agency Website
- Oregon – Senate Bill 727 and Agency Website
- Rhode Island – PTE Info – Agency Website
- South Carolina – Senate Bill 627 and Agency Website
- Utah – House Bill 444 and Agency Website
- Wisconsin – PTE Info – Agency Website
- Virginia – House Bill 1121 and Agency Website
- West Virginia – Senate Bill 151 and Agency Website
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