What Is the PTE Tax Election?

The PTE tax is a California program that allows pass-through entities (like S-Corps or partnerships/LLCs) to pay state income tax at the entity level — instead of passing all the income down to individual owners who then pay personal income tax.

This helps owners get around the $10,000 federal SALT (State and Local Tax) deduction cap from the 2017 Tax Cuts and Jobs Act.

Key Benefits of Making the PTE Election

Federal Tax Deduction for State Taxes

  • Normally, individual taxpayers can only deduct up to $10,000 of SALT on their federal returns.

  • But with the PTE election, the entity pays the California tax and gets the full federal deduction.

  • This lowers federal taxable income, which reduces your federal tax liability.

Credit for Owners on CA Personal Tax Return

  • Even though the entity pays the tax, the owners receive a California credit for their share of that payment.

  • This avoids double taxation — and often results in little or no extra state tax due personally.

Simple Example

Let’s say:

  • A California S-Corp earns $500,000, owned 100% by one shareholder.

  • It opts into the PTE and pays 9.3% tax = $46,500 to CA.

  • That $46,500 is a deduction on the S-Corp’s federal return, saving the shareholder potentially $17,000–$20,000+ in federal tax depending on their bracket.

  • The shareholder then gets a $46,500 credit on their California tax return.

Prepayment Requirement: This Is Critical

To Make the Election, You MUST Prepay by Specific Deadlines:

  • June 15 of the taxable year: You must prepay the greater of:

    • 50% of the prior year’s PTE tax, or

    • $1,000

  • If you don’t make this payment by June 15, you lose the ability to make the election for that year.

Then:

  • The remainder is due by the original tax filing deadline (typically March 15 of the next year for calendar-year entities).

No exceptions: Missing the June prepayment disqualifies you from making the election for that year.

Requirements to Qualify

  • Entity must be a qualified S-Corp, partnership, or LLC taxed as a partnership.

  • All owners must be individuals, estates, or trusts (not other businesses).

  • Each owner must consent to the election.

Bottom Line

Bottom Line: Why the PTE Election Matters

  • Federal deduction – Lowers your federal tax liability beyond the SALT cap.

  • State credit – You're not double-taxed; you receive a California credit.

  • Prepayment – Absolutely required by June 15 to make the election.

  • Strategic tool – Especially beneficial for high-income owners in California.