Optimizing SALT Deductions and Passthrough Entity Taxes: Strategic Approaches

The State and Local Tax (SALT) deduction plays a pivotal role in the federal tax landscape by allowing taxpayers to reclaim either their state and local income taxes or sales taxes, alongside property taxes, on federal returns when itemizing. This mechanism historically aims to alleviate the burden of dual taxation on the same income.

Evolving Tax Landscape Pre-TCJA

Preceding the Tax Cuts and Jobs Act (TCJA) of 2017, the absence of a SALT deduction ceiling enabled taxpayers to fully deduct state and local taxes. This was particularly advantageous for residents in high-tax jurisdictions such as New York, California, and Illinois. However, post-TCJA, a stringent cap of $10,000 for joint and single filers — and $5,000 for separate filers — was instituted, disproportionately impacting those in higher-tax states where tax liabilities typically exceed this cap.

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OBBBA's Implications for SALT Deduction

The implementation of the "One Big Beautiful Bill Act" (OBBBA) has ushered in changes to the SALT framework, boosting the deduction cap to $40,000 beginning in 2025, with incremental increases of 1% annually until its zenith in 2029. Beyond this, absent further legislative intervention, a reversion to the $10,000 cap is scheduled.

SALT DEDUCTION CAP

Year SALT Cap
2024$10,000
2025$40,000
2026$40,400
2027$40,804
2028$41,212
2029$41,624
2030 and beyond$10,000

½ these amounts for separate filers

This legislative revision addresses the concerns of Congress members from high-tax states. By enabling a heightened deduction limit, the OBBBA potentially benefits more itemizing taxpayers in these regions.

Constraints for High-Income Taxpayers

While offering broader deductibility, the OBBBA imposes income-based restraints. High-earning individuals face deduction phase-outs predicated on modified adjusted gross income (MAGI). Commencing in 2025, taxpayers with MAGI exceeding $500,000 face a reduction in allowable deductions, with the benefit of the expanded cap significantly curtailed past $600,000 MAGI.

SALT DEDUCTION REDUCTION

Year MAGI Phase Out Threshold MAGI - Reduced to $10,000
2025$500,000$600,000
2026$505,000$606,333
2027$510,050$612,730
2028$515,150$619,190
2029$520,302$625,719

Illustrative Scenarios

Consider the scenarios to comprehend the nuances of these restrictions:

  • Example #1 (2027): With a MAGI of $523,000, a taxpayer initially secures a $40,804 deduction. Nevertheless, surpassing the $510,050 threshold incurs a $3,885 reduction, lowering the capped deduction to $36,919.

  • Example #2 (Max Reduction in 2027): A $615,000 MAGI leads to the same starting deduction of $40,804. Yet, as MAGI exceeds $612,730, the allowable deduction compresses to $10,000.

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State-Level Passthrough Entity Solutions

To counteract the federal SALT deduction limitations, states have innovated passthrough entity tax (PTET) frameworks as strategic alternatives. These allow entities like S corporations and partnerships to remit state taxes at the corporate level. Such a structure endows the entity with the federal tax benefit of the deduction, circumventing the individual SALT ceiling. Subsequent state tax credits are provided to individual stakeholders. This stratagem offers a feasible channel to minimize SALT burdens for business owners embedded in high-tax obligations, aligning with IRS regulations and enhancing fiscal efficiency in complex tax landscapes.

Conclusion

The terrain of SALT deductions has dramatically shifted due to recent legislative maneuvers and strategic taxpayer adaptations. Although the OBBBA alleviates some pressures from TCJA’s $10,000 ceiling, its effects are temporal, with lingering limitations for high earners. Passthrough entity tax initiatives exemplify state-driven adaptations, providing tactical tax planning opportunities to optimize deductions. However, individuals and businesses must remain alert and adapt to future legislative transformations to maintain advantageous tax positions. For bespoke tactical advice, especially regarding PTET laws, consulting with a tax professional is prudent.

Reach out to our office for a detailed consultation on leveraging PTET opportunities or addressing SALT deduction reductions for your financial scenario.

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