Maximizing SALT Deductions: Navigating Recent Changes and Passthrough Entity Solutions

The State and Local Tax (SALT) deduction has historically offered tax relief by allowing taxpayers to deduct their state and local taxes, including income or sales taxes, alongside property taxes on federal income tax returns. This deduction traditionally acted as a buffer against double taxation.

Before the TCJA: Unlimited Deductions

Prior to the 2017 Tax Cuts and Jobs Act (TCJA), there was no limit on the SALT deduction. Taxpayers in high-tax states like New York, California, and Illinois could deduct all their state and local taxes, providing substantial relief.

However, the TCJA imposed a $10,000 cap for single filers and married couples filing jointly, and $5,000 for separate filers. This change significantly impacted taxpayers in high-tax regions, where state and local taxes frequently surpass the federal cap.

Amendments Under the OBBBA

With the passage of the "One Big Beautiful Bill Act" (OBBBA), this cap has been adjusted. Starting in 2025, the SALT deduction limit will increase to $40,000, subsequently rising by 1% annually until 2029. After 2029, the cap is slated to revert to $10,000 unless further legislative measures are taken.

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This change was driven by advocacy from representatives of high-tax states aiming to extend relief to those who itemize deductions federally.

Implications for High-Income Taxpayers

The OBBBA also introduces limitations for high-income earners through a phased reduction of the SALT deduction based on modified adjusted gross income (MAGI). Beginning in 2025, taxpayers with MAGI over $500,000 will see a decrement in their deductible amount, calculated at 30% of the excess above this threshold. For incomes at $600,000 or higher, the deduction is curtailed to $10,000, negating the raised cap.

This approach seeks to balance fiscal relief with fairness across the tax system. Adjustments to MAGI thresholds are depicted annually in the adjoining table.

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Illustrative Scenarios

  • Example #1 (2027): A taxpayer with a $523,000 MAGI would typically have a SALT deduction of $40,804 but faces a reduction due to exceeding the $510,050 MAGI threshold, reducing their allowable deduction by approximately $3,885 to $36,919.

  • Example #2 (2027 Max Reduction): A taxpayer earning $615,000 in MAGI would face a deduction limited to $10,000, despite the initial figure capping at $40,804 for that year.

Exploring Passthrough Entity Solutions

In reaction to the federal cap, several states have activated passthrough entity tax (PTET) frameworks to circumvent individual SALT deduction limits. These structures favor businesses like S-corporations and partnerships, allowing taxes to be paid at the entity level. This enables the entity to claim a deduction for state taxes at the federal level, consequently bypassing the individual cap, while owners receive a state tax credit.

This strategy is increasingly favored by high-income business owners in high-tax states to maintain tax efficiency and leverage entity-level deductions within the legal framework of IRS regulations.

Conclusion

The evolution of SALT deductions reflects broader legislative adjustments and the adaptability of taxpayer strategies. Provisions from the OBBBA offer temporary leniency but also introduce complexities for high-income taxpayers. Meanwhile, the strategic use of PTET approaches allows businesses to navigate these changes adeptly, underscoring the dynamic interplay between state tax policies and federal limitations. It's crucial for taxpayers to actively manage their tax planning strategies in light of these evolving legislative landscapes.

For personalized guidance, particularly if your SALT deduction is limited by MAGI, consider consulting with a specialist to explore if a PTET approach could benefit you.

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