California Pass-Through Entity Tax

Governor Gavin Newsom signed Assembly Bill 150 this past July. The new bill establishes an elective pass-through entity (PTE) tax framework that will allow California taxpayers to obtain relief from the current $10,000 limit on individual state and local tax deductions.

  • Qualifying pass-through entities include partnerships (publicly traded partnerships aren’t included) or S Corporations.
  • Qualifying entities must exclusively have partners/shareholders/members that are corporations, individuals, fiduciaries, estates, or trusts.
  • For tax years beginning on or after January 1, 2021 and before January 1, 2022
    • PTE tax is due on or before the filing date of the original return. (March 15, 2022 for 12/31/2021 year-end entities)
  • For tax years beginning on or after January 1, 2022 and before January 1, 2026
    • The greater of 50% of the elective tax paid in the prior year or $1,000 is due by June 15th of the tax year.
    • The remaining PTE tax is due on or before the filing due date of the original return.
  • The election must be made every year but once made, it is irrevocable.
  • The tax is 9.3% of qualified net income.
  • The PTE tax is in addition to other entity level taxes […]