36 states and 1 locality have enacted pass-through entity (PTE) level taxes since the limitation on state and local tax deductions under the Tax Cuts and Jobs Act. These PTE taxes allow businesses organized as pass-through entities like partnerships or S-corps to pay taxes at the entity level rather than having the income passed through to owners' individual returns. The effective years for these PTE taxes range from 2018 to 2023 depending on the state. Three additional states have proposed PTE tax bills but have not enacted them yet. Nine states have no personal income tax on PTE income.
36 states and 1 locality have enacted pass-through entity (PTE) level taxes since the limitation on state and local tax deductions under the Tax Cuts and Jobs Act. These PTE taxes allow businesses organized as pass-through entities like partnerships or S-corps to pay taxes at the entity level rather than having the income passed through to owners' individual returns. The effective years for these PTE taxes range from 2018 to 2023 depending on the state. Three additional states have proposed PTE tax bills but have not enacted them yet. Nine states have no personal income tax on PTE income.
36 states and 1 locality have enacted pass-through entity (PTE) level taxes since the limitation on state and local tax deductions under the Tax Cuts and Jobs Act. These PTE taxes allow businesses organized as pass-through entities like partnerships or S-corps to pay taxes at the entity level rather than having the income passed through to owners' individual returns. The effective years for these PTE taxes range from 2018 to 2023 depending on the state. Three additional states have proposed PTE tax bills but have not enacted them yet. Nine states have no personal income tax on PTE income.
States with Enacted or Proposed Pass-Through Entity (PTE) Level Tax
As of July 20, 2023
36 states (& 1 locality) that enacted a PTE tax
WA since TCJA SALT deduction limitation, effective for 2021 (or earlier) unless noted: MT ND ME AL, AR1, AZ1, CA, CO3, CT4, HI2, GA1, IA1, ID, IL, OR VT IN1, KS1, KY1 (& KY) ,LA, MA, MI, MD, MN, MO1, MN ID NH MS1, MT2, NC1, NE3, NJ, NM1, NY, OH1, OK, OR1, SD WI NY, MA RI, SC, UT1, VA, WI, WV1, and NYC1 WY NYC CT MI RI 1 Effective in 2022 IA PA NJ 2 Effective in 2023 or later NV NE OH 3 Retroactive to 2018 MD UT IL IN DE 4 Mandatory 2018-2023, elective starting 2024 CA CO WV VA KS MO DC KY 3 states with proposed PTE tax bills: NC ME - LD 1891 introduced TN AZ OK PA – SB 659 and HB 1584 introduced NM AR SC GA VT – SB45 passed Senate, in House MS AL AK TX LA 9 states with no owner-level personal income tax on PTE income: HI AK, FL, NH, NV, SD, TN, TX, WA, WY FL
3 states with an owner-level personal
income tax on PTE income that have not yet proposed or enacted PTE taxes: DC, DE, and ND Current PTE tax workarounds (36 states and 1 locality) • State
State Effective Year State Effective Year
Alabama 2021 Minnesota 2021 Arizona 2022 Mississippi 2022 Arkansas 2022 Missouri 2022 California 2021 Montana 2023 Colorado 2018 (retroactive) Nebraska 2018 (retroactive) Connecticut 2018 (mandatory 2018-2023, New Jersey 2020 elective starting 2024) New Mexico 2022 Georgia 2022 New York 2021 Hawaii 2023 New York City 2022 Idaho 2021 North Carolina 2022 Illinois 2021 Ohio 2022 Indiana 2022 (retroactive) Oklahoma 2019 Iowa 2022 (retroactive) Oregon 2022 Kansas 2022 Rhode Island 2019 Kentucky 2022 (retroactive) South Carolina 2021 Louisiana 2019 Utah 2022 Maryland 2020 Virginia 2021 Massachusetts 2021 West Virginia 2022 Michigan 2021 Wisconsin 2018