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Mastering SALT Deduction Changes: Strategies for Passthrough Entities

The State and Local Tax (SALT) deduction, a key component in tax planning, allows taxpayers to deduct their state and local income or sales taxes, along with property taxes, when itemizing federal tax deductions. Originally designed to prevent multiple layers of taxation on the same income, this deduction plays a significant role in reducing federal tax liabilities.

The Pre-TCJA Landscape

Before the Tax Cuts and Jobs Act (TCJA) of 2017, there were no restrictions on the SALT deduction, allowing taxpayers to deduct all their state and local taxes. This was particularly advantageous for residents in high-tax states like New York, California, and Illinois, who used these deductions to effectively lower their federal tax burden.

However, the TCJA introduced a stringent cap, limiting the SALT deduction to $10,000 for married couples filing jointly and $5,000 for separate filers, impacting taxpayers in states with higher tax rates.

Enter the One Big Beautiful Bill Act

With the passage of the "One Big Beautiful Bill Act" (OBBBA), the limitations on the SALT deduction have been amended, bringing substantial changes. Starting in 2025, the SALT deduction cap will progressively rise to $40,000, increasing annually by 1% until 2029. Post-2029, unless legislative action occurs, the cap reverts to $10,000, significantly influencing taxpayers’ planning strategies.

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This adjustment caters specifically to high-tax state populations, offering more flexibility for those itemizing deductions on federal returns.

High-Income Taxpayer Limitations

OBBBA also introduces new limits on high-income taxpayers through a phase-out system based on modified adjusted gross income (MAGI). Starting in 2025, as a taxpayer’s MAGI surpasses $500,000, their SALT deduction starts diminishing, arriving at a flat $10,000 for MAGIs of $600,000 or more. This adjustment aims to fairly distribute tax benefits while maintaining system equity.

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Leveraging Passthrough Entity Workarounds

In response to the SALT cap, several states have crafted passthrough entity tax (PTET) mechanisms. These enable S corporations and partnerships to pay state taxes at the business level, rather than transferring this burden to individuals, thereby circumventing federal deduction limits. Business entities can thus claim these deductions at the federal level, while individual owners receive state tax credits.

These legislative moves remain within IRS compliance, offering a strategic tax planning opportunity particularly critical for high-income individuals in high-tax regions. By utilizing entity-level deductions, businesses can optimize their tax situation, balancing federal restrictions with state solutions.

Conclusion

SALT deduction dynamics have been reshaped by legislative changes and taxpayer strategies alike. While OBBBA provides interim relief from the TCJA's restrictions, with specific high-income taxpayer limitations, state-level PTET actions exemplify proactive strategies to mitigate federal constraints. These developments emphasize the importance of strategic tax planning and adaptability, crucial in maintaining tax efficiency. Staying informed about these evolving regulations can significantly impact tax liabilities, allowing for more adept financial management.

For personalized advice on how these changes might affect your SALT deduction, especially regarding MAGI reductions, feel free to contact our office. We can guide you on whether your state offers a PTET solution that could work to your advantage.

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