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Owner guide

The PTET play: let your business pay the state tax

Many states let partnerships and S corps pay state income tax at the business level. For owners whose state tax bill outgrows the personal SALT cap, that can mean deducting more.

Dad’s short answer

With a pass-through entity tax (PTET) election, the business pays state income tax and the owners get a state credit.

  • The IRS has said these entity-level payments are deductible by the partnership or S corp (Notice 2020-75). That deduction doesn’t count against your personal SALT cap.1
  • Every state’s PTET is different, and the bigger 2026 SALT cap is temporary under current law. Run it fresh each year.

Who this is for

  • Owners of partnerships, multi-member LLCs, and S corps in states that offer a PTET. The rules vary state by state.
  • Single-member LLCs and sole proprietorships generally can’t use it. New Jersey, for example, leaves them out.
  • Most useful when your state tax on business income is more than the personal SALT cap can absorb.

The 2026 numbers

  • Federal SALT cap (2026), as currently enacted: $40,400 ($20,200 married filing separately). It’s reduced when modified AGI exceeds $505,000 ($252,500 MFS) but doesn’t drop below $10,000 ($5,000 MFS). The 2025 tax law raised the cap, and that increase is temporary.2
  • New Jersey example (BAIT): the election is made electronically each year by the original return due date (March 15 for calendar-year filers). It doesn’t carry forward and can’t be made after the fact. Estimated payments apply if BAIT liability is over $400. Form PTE-100 for 2026 is due March 15, 2027.3

How to do it right

  1. Check your state’s PTET rules: who’s eligible, the rate, the election deadline, and how the owner credit works (refundable or not, and what residents vs. nonresidents get).
  2. Model it at both levels: the federal savings, plus any state-side differences, like credits in other states where you file.
  3. Make the election on time. Many states want it early in the year, and some before any estimated payment.
  4. Pay from the entity, so the payments count as entity-level tax.
  5. Give owners their credit statements (in New Jersey, Schedule PTE-K-1) to claim on their state returns.
  6. Revisit every year. Many elections are annual, and the federal cap may change.

Running an S corp? Make sure your owner salary is set first. PTET sits on top of a well-run S corp.

Run it by your CPA

PTET math differs by state and by owner. Your CPA can run both scenarios side by side.

Paying yourself through an S corp? Get owner payroll set up at payrolldad.com/start.

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Every business is a little different, so check with your CPA for your situation. Good CPAs are on your team, and they love an owner who shows up with the homework done.

More from Dad’s tax playbook

Payroll Dad is a cartoon run by a real small family business. This is general education, not tax advice for your situation.

Sources, checked Nov 2, 2026

Every number on this page comes from one of these pages. Prices change; if a vendor updates its page, theirs wins.

  1. IRS, Notice 2020-75
  2. IRS, 2026 SALT limit (Form 1040-ES correction)
  3. NJ Division of Taxation, PTE/BAIT