SALT Cap Work-Around: Elective Pass-Through Entity Taxes

$199.00

SKU: 410078

Description

Gain a better understanding of the advantages and pitfalls of state PTETs and making a PTET election.
The Tax Cuts Jobs Act (TCJA) of 2017 overhauled many critical areas of federal tax law. One such change which affected a large population of individual taxpayers was the 10,000 limit on state and local tax deductions, commonly referred to as the federal SALT cap. Following enactment of the TCJA, individual taxpayers in many high tax states, such as California, New York, and New Jersey, to name just a few, experienced an increase in their federal personal income tax liabilities due in large part to limitations on the deductibility of state and local taxes for federal income tax purposes. In the early years following the enactment of the TCJA, states have attempted to contrive different strategies to help their highlytaxed constituents in working around the federal SALT cap. However, not until the IRS guidance in Notice 202075, which was issued in late 2020, did a large number of states develop and adopt Elective PassThrough Entity Tax (PTET) regimes, which are still evolving today. This presentation will help taxpayers and tax practitioners, alike, in maneuvering through a sea of new and varied state legislation and taxing schemes in search of significant federal tax savings opportunities. We will provide an overview of these recently enacted state PTETs, and address the advantages and, in some cases, the pitfalls, of making a PTET election. We will also address some of the practical and ancillary issues that have arisen, based on what weve learned over the past year, when several states adopted these PTET regimes.

Date: 2022-09-21 Start Time: 1:00 PM ET End Time: 2:40 PM ET

Learning Objectives

* You will be able to explain recent state trends that workaround the Federal SALT Cap.

* You will be able to describe the differences and functions of various PassThrough Entity Tax (PTET) regimes employed by more than half of all states.

* You will be able to identify the advantages and disadvantages of electing into a states PTET.

* You will be able to discuss some of the practical challenges with these new and evolving state PTE tax regimes.

Tax Cuts and Jobs Act (“TCJA”) of 2017 • the SALT Cap
• Overview of Early Workaround Strategies to the Federal SALT Cap
• Understanding IRS Notice 2020-75
• Current Developments in Federal Tax Legislation

Overview of Elective Pass-Through Entity Tax (“PTET”) Regimes
• Current States With Elective PTE Taxes
• Flow-Through vs. No Flow-Through PTE Taxes

Understanding the Mechanics of Elective PTETs
• Elective vs. Mandatory Regimes
• Qualification Requirements • What PTEs and Owners May Make the Election?
• Method and Timing of Making Elections
• Notice and Consent Requirements
• Quarterly Estimated Tax Payments and Nonresident Withholding Requirements
• Impact on Cash Flows
• Calculating the Tax Base and PTE Owner Credits

Collateral Issues and Considerations:
• How to Deal With Tiered PTE Structures
• Resident (or “Other State Taxes Paid”) Credits
• Allocation of Credits
• Partnership/Operating Agreements

State-Specific Highlights and Recent Developments
• California’s PTET
• Ability to Elect out
• Nonrefundable Credit and Carry-Over Provisions
• TMT Dilemma and Amended Legislation
• Connecticut’s Mandatory PTE Tax
• New York PTET
• Recent Legislation and NYC PTET
• New Jersey BAIT

Q and A

AIPB ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Christian J. Burgos, Esq.-Friedman LLP, Jeremy Katz, Esq. – Friedman LLP