Pass-Through Tax Becoming the Latest SALT Cap Workaround Trend

(THERE IS AN UPDATE TO THIS ARTICLE SINCE PUBLISHED, TO VIEW CLICK HERE)

This month Maryland became the seventh state to give members of pass-through businesses the option of paying income taxes at the entity level instead of on their personal income taxes.

The approach isn’t brand new, but it appears to be a viable workaround for states trying to skirt a measure of the 2017 tax law that capped individuals’ federal deduction for state and local taxes at $10,000.

The Maryland measure (SB 523), will take effect July 1 and apply to tax year 2020. It applies to all taxable years beginning after Dec. 31, 2019.

The law includes measures:

• Allowing entities to elect to pay tax with respect to resident members’ shares
• Requiring each pass-through entity to continue paying tax on nonresident entity members’ shares
• Establishing provisions for determining the applicable tax rate
• Allowing individuals or corporations to claim a tax credit equal to the tax paid by a pass-through entity on the member’s share of its taxable income

WHAT THIS MEANS FOR YOU

The new law could result in significant tax savings for individuals who have been limited to the $10,000 cap on the state and local tax deduction by permitting this deduction at the entity level for federal tax purposes.

The Comptroller will need to issue regulations related to making the entity payment election, and various other aspects of the law. Once clarified, individuals may consider having the relevant pass-through entity make estimated tax payments in replacement of individual tax payments.

It remains unclear as to how the IRS views these types of legislation.

Each organization has its own peculiarities, and how your company may use this opportunity may vary from another entity. If you have questions on how this may impact your tax situation, please contact your KatzAbosch representative or contact us.