October 2nd, 2023 Posted in Budget, Accounting

PTET in New Jersey and New York: A Comprehensive Guide by SRG Advisors LLC


To our valued clients,

At SRG Advisors LLC, we are committed to providing our clients with up-to-date information and expert guidance on a wide range of tax and financial matters. One such topic of importance is the Pass-Through Entity Tax (PTET) in the states of New Jersey and New York. In this article, we will explore what PTET is, its implications for businesses, and how it may impact you as a taxpayer or business owner in these two states.

What is PTET?

PTET is a relatively new tax concept introduced to mitigate the effects of the federal cap on state and local tax (SALT) deductions. It primarily targets pass-through entities, such as partnerships, limited liability companies (LLCs), and S corporations. Pass-through entities are businesses whose income "passes through" to their owners' individual tax returns, where it is then taxed.

New Jersey PTET

In New Jersey, PTET was implemented in response to the 2017 federal Tax Cuts and Jobs Act, which limited the SALT deduction to $10,000. The PTET is designed to provide a workaround for state and local tax deductions, allowing businesses and their owners to avoid double taxation.

Here are some key points to note about PTET in New Jersey:

  1. Eligible Entities:* Partnerships, LLCs, and S corporations that have New Jersey source income are subject to PTET.

  2. Calculation: PTET is calculated based on the entity's distributive share of income. The rate varies depending on income levels.

  3. Individual Tax Benefit: The PTET allows business owners to offset their New Jersey personal income tax liability.

  4. Flexibility: Business owners have the flexibility to allocate the PTET among owners in a manner that maximizes their individual tax benefits.

New York PTET

New York implemented PTET as part of its 2021-22 budget to help taxpayers cope with the SALT deduction cap. Here's what you need to know about PTET in New York:

  1. Eligible Entities: Similar to New Jersey, PTET in New York applies to partnerships, LLCs, and S corporations.

  2. Calculation: The PTET rate is based on the entity's New York-source income and is graduated based on income levels.

  3. Individual Tax Benefit: Business owners can offset their New York personal income tax liability through the PTET.

  4. Annual Filing: PTET is filed annually in New York and is generally due on or before the 15th day of the third month following the end of the tax year.

Considerations for Taxpayers and Business Owners

For taxpayers and business owners in both New Jersey and New York, PTET offers an opportunity to minimize the impact of the SALT deduction cap. However, it's essential to consider a few factors:

  1. Income Levels: The PTET rate in both states is based on income levels. Higher income may result in a higher PTET liability.

  2. Tax Planning: Working with a tax professional is crucial to ensure that the PTET is utilized optimally to reduce your state and federal tax liabilities.

  3. Compliance: It is essential to be aware of the PTET regulations and filing deadlines to avoid any potential penalties or issues.

Conclusion

Pass-Through Entity Tax (PTET) in New Jersey and New York offers a valuable solution for businesses and their owners grappling with the SALT deduction cap. By understanding the implications of PTET and working with qualified tax professionals, you can take full advantage of this opportunity to reduce your state and federal tax liabilities.

If you have any questions or need assistance with PTET, please don't hesitate to reach out to our team at SRG Advisors LLC. We are here to help you navigate the complexities of state taxation and provide you with tailored solutions for your unique financial situation.

Call SRG for more information!

CALL: 201-525-1222 x 5