Maximizing Tax Efficiency: SALT Deduction Changes and Passthrough Strategies

The State and Local Tax (SALT) deduction traditionally serves as a fundamental element of the tax code, enabling taxpayers to deduct either their state and local income taxes or state and local sales taxes, alongside property taxes, on federal returns. This provision has aimed to curb the double taxation burden on incomes.

The Era Before the Tax Cuts and Jobs Act

Before the 2017 enactment of the Tax Cuts and Jobs Act (TCJA), there was no limitation on the SALT deduction, allowing taxpayers to fully deduct state and local taxes, particularly benefiting those in high-tax states like New York, California, and Illinois.

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The TCJA imposed a $10,000 cap for both single and married joint filers, and $5,000 for those married filing separately, affecting residents in high-tax states where these taxes exceed the federal cap.

OBBBA's Legislative Amendment Impact

With the new "One Big Beautiful Bill Act" (OBBBA), the SALT deduction cap sees an adjustment. Starting in 2025, taxpayers can benefit from a raised $40,000 cap, with increments each year by 1% until it peaks in 2029, after which it reverts to $10,000 barring further legislative changes.

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 & subsequent

$10,000

½ those amounts for married couples filing separate

This change caters largely to constituents from high-tax states who itemize deductions on federal returns, by elevating the cap temporarily.

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Constraints for High-Income Taxpayers

The OBBBA also introduces phase-outs for high-income earners based on modified adjusted gross income (MAGI). For instance, in 2025, if a taxpayer's MAGI surpasses $500,000, the deduction diminishes by 30% of the excess, capping the deduction at $10,000 for incomes over $600,000.

SALT DEDUCTION REDUCTION

Year

MAGI Threshold

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

Examples of High-Income Constraints

Consider these scenarios:

  • Example #1 (2027): A taxpayer with a $523,000 MAGI begins with a permissible SALT deduction of $40,804. However, since this surpasses the $510,050 MAGI threshold, the deduction decreases by $3,885, resulting in a maximum deduction of $36,919.

  • Example #2 (Max Reduction 2027): A taxpayer with a $615,000 MAGI initially qualifies for a $40,804 deduction, but since the MAGI is above $612,730, the SALT deduction limits at $10,000.

Utilizing Passthrough Entity Workarounds

States have crafted PTETs as a countermeasure to federal SALT deduction restrictions, allowing S corporations or partnerships to pay state taxes at the entity level. This mitigates individual SALT caps by enabling the entity to claim the tax deduction federally, while individual owners receive a state tax credit. This strategic solution aligns with IRS rules and offers substantial relief for entities in high-tax regions.

Conclusion

SALT deduction dynamics continue to evolve with legislative reforms and taxpayer initiatives. OBBBA's provisional relief counters TCJA's $10,000 limit, with active strategies like PTETs offering planning tools to preserve tax efficiency. Taxpayers must continually adapt to these shifts by leveraging available avenues for maximum benefits.

Please reach out to our office if your SALT deduction suffers impact due to MAGI limits, to explore possible PTET advantages in your state.

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