Pass-through entity tax by state
Last checked Nov 3, 2026
Which states let a partnership or S corporation elect to pay state income tax at the entity level, so the tax is deductible at the federal level outside the SALT cap, and the rules for making the election: who can elect, the deadline, the rate, estimated payments, the return and how owners claim the credit. From the revenue agencies' pages and the statutes.
The figure under each state is its top PTET rate for the latest year recorded. Click a state for its rules.
States ranked by top PTET rate
The highest rate each state's entity-level tax applies, for the latest year recorded. Some states use one flat rate; others mirror their graduated individual rates. Hover or tap a state for its election deadline.
Recent and coming changes
- Washington Jan 1, 2028 SB 6346 (chapter 238, Laws of 2026), approved March 30, 2026: a 9.9 percent tax on individuals' Washington taxable income beginning January 1, 2028 (the department describes it as applying to annual adjusted gross income over $1 million); first returns due April 2029. The act is effective June 11, 2026, with some sections later. source Public record
- Washington Jan 1, 2028 Pass-through entity tax election in section 502 of SB 6346: beginning January 1, 2028, a partnership, limited liability company or S corporation may elect, annually and irrevocably for the year, by the department's due date but no later than June 15 of the taxable year, to pay 9.90 percent of its taxable income. The election is made by a person authorized to sign the return (an officer for an S corporation) and may exclude owners who choose not to participate. The base is participating resident owners' entire distributive share regardless of source plus participating nonresident owners' Washington-source share. The entity makes estimated payments like individuals, but none before July 1, 2029, and files an annual return. source Public record
- Washington Jan 1, 2028 Owner credit in section 206 of SB 6346: from tax year 2028 (taxes due in 2029), a nonrefundable credit for the owner's share of the entity's tax, not carried forward or back; owners add back the entity tax deducted federally (section 310). Section 203 allows residents a credit for income tax paid to another state by the individual or by a pass-through entity the individual owns. source Public record
- Maryland Jan 1, 2027 The 2025 BRFA also changed the base so an electing PTE's taxable income would include resident members' income from everywhere, which increases the PTE's federal state and local tax deduction. The 2026 BRFA (Chapter 6 of 2026) delayed that change and added a second option for computing tax on resident members' shares; both apply to tax years beginning after December 31, 2026. source Public record
- Idaho Jul 1, 2026 New law (2026, ch. 81): the ABE election can be made on any original return regardless of when it is filed (before, only a timely filed return); changing the election after filing requires an amended return before the original due date. source Public record
- Illinois Jul 1, 2026 Public Act 104-0468: for tax years ending on or after December 31, 2026, partnerships may choose to pay PTE tax on resident partners' full distributive shares plus nonresident partners' Illinois-sourced income, instead of on the Illinois-sourced portion of all partners' shares. source Public record
- Oregon Jun 15, 2026 For tax year 2026 only, the first and second estimated payments are both due June 15, 2026. source Public record
- Maryland Apr 13, 2026 For tax year 2026 only, an election or nonelection made with the first quarter estimated payment is ignored; the one made with the next filing or payment after April 15, 2026 is honored. Entities that paid the first quarter on the 2025 BRFA base may reduce later installments. source Public record
- Arkansas Jan 1, 2026 Act 2 of the 2026 First Extraordinary Session (Senate Bill 1, approved May 6, 2026) cut the top individual rate to 3.7% for tax years beginning on or after January 1, 2026, which under the rule makes the PET rate 3.7% and the capital gains rate 1.85%. source Public record
- California Jan 1, 2026 For 2026 to 2030 a missed or short June 15 payment no longer voids the election; instead each qualified taxpayer's credit is reduced by 12.5 percent of its pro rata share of the unpaid amount, figured on the 2026 Form FTB 3804. source Public record
- Georgia Jan 1, 2026 HB 463, signed May 11, 2026, cut the individual rate, and so the entity-level rate, from 5.19% to 4.99% for tax years beginning January 1, 2026, with further annual reductions provided for. source Public record
- Kentucky Jan 1, 2026 Individual rate, and so the electing entity's rate, falls from 4% to 3.5% for taxable years beginning on or after January 1, 2026. source Public record
- Louisiana Jan 1, 2026 For taxable periods beginning on or after January 1, 2026, S corporations can no longer claim the S corporation exclusion and file an annual information return instead, shareholders are liable for the tax only in their individual capacities, and an S corporation may file a composite return at 3 percent for nonresident shareholders. Act 382 of the 2025 Regular Session bars an S corporation that files a composite return from making the pass-through entity election and requires those composite returns to be filed electronically. source Public record
- Maine Jan 1, 2026 Pass-through entity tax and 90% refundable credit enacted in Part N of PL 2025, c. 650 (LD 2212), for taxable years beginning on or after January 1, 2026; the residents' credit for taxes paid to other jurisdictions was rewritten to include other states' substantially similar PTE taxes. source Public record
- Maine Jan 1, 2026 A 2% income tax surcharge on high incomes (36 MRSA 5111(7)) begins for tax years from January 1, 2026; it is excluded from the PTE rate. source Public record
- Massachusetts Jan 1, 2026 New elective chapter 63E PTE excise: an additional 4% on each qualified member's share above the surtax threshold, with a 90% refundable credit, enacted in the Fiscal Year 2026 final mid-year supplemental budget (St. 2026, c. 101, signed June 12, 2026). Form 63-ELT replaces Form 63D-ELT for both excises. source Public record
- Massachusetts Jan 1, 2026 For tax year 2026 only, the underpayment penalty for the first and second quarters is waived for entities that elect the chapter 63E excise (alone or with the 63D excise). source Public record
- Minnesota Jan 1, 2026 Laws 2026, chapter 128 (signed May 27, 2026): revives and reenacts the PTE tax and the other-state PTE credit retroactively from January 1, 2026, and replaces the expiration tied to IRC section 164(b)(6)(B) with expiration for taxable years beginning after December 31, 2027. source Public record
- Minnesota Jan 1, 2026 2026 only: PTE estimated payments must be four equal, on-time payments, and a first-quarter payment counts as timely if made by the second-quarter due date. source Public record
- Montana Jan 1, 2026 House Bill 337 (2025) lowered the top individual rate, so the PTET rate is 5.65% for tax year 2026 and 5.4% for tax year 2027. source Public record
- Nebraska Jan 1, 2026 The rate follows the top individual rate as it is phased down: 5.20% for 2025, 4.55% for 2026, 3.99% for 2027 and after. source Public record
- North Carolina Jan 1, 2026 Rate falls with the individual rate: 4.25% for 2025 and 3.99% for taxable years beginning after 2025. For 2027 and later the rate drops by 0.5 point (to no lower than 2.49%) in any year after General Fund revenue exceeds the statutory trigger; the FY 2025-2026 trigger of $33,042,000,000 governs taxable years beginning in 2027. source Public record
- North Carolina Jan 1, 2026 S.L. 2026-31 rewrote the credit rule for Taxed Partnerships for taxable years beginning on or after January 1, 2026, so the bar on passing credits through applies to partners described in G.S. 105-154.1(a)(1) through (4). source Public record
- Ohio Jan 1, 2026 House Bill 96 amended R.C. 5747.38, 5747.39 and 5747.43, effective September 30, 2025; the estimated payment schedule for IT 4738 changes for taxable years beginning on or after January 1, 2026. source Public record
- Oklahoma Jan 1, 2026 HB 2764 (effective November 1, 2025) lowered the top individual rate, and so the PTET rate for individual and trust members, from 4.75% to 4.5% for tax year 2026, and provides further cuts of 0.25 percentage point when the State Board of Equalization certifies revenue growth, effective January 1 after the certification. source Public record
- Utah Jan 1, 2026 The end date was removed: the 2023 text allowed the election only for taxable years beginning on or after January 1, 2022 and on or before December 31, 2025; the version amended by Chapter 299, 2026 General Session, effective January 1, 2026, has no end year. source Public record
- Utah Jan 1, 2026 Individual income tax rate, and so the elective tax rate, lowered to 4.45% (Chapter 250, 2026 General Session). source Public record
- West Virginia Jan 1, 2026 Top individual rate, and so the EPT rate, cut to 4.58% for taxable years beginning on and after January 1, 2026 (SB 392, 2026 Regular Session). source Public record
- Nebraska Dec 30, 2025 The retroactive election for any of tax years 2018 to 2022 (Form PTET-ER) closed on December 30, 2025. Entities that elected must report, calculate and pay the 2018 to 2022 PTET no later than the filing of their 2026 return; owners get no credit for it until it is paid. No late filing penalty or interest applies to the 2018 to 2022 PTET. source Public record
- California Jun 27, 2025 SB 132 signed: extends the elective tax and credit to taxable years beginning on or after January 1, 2026, and before January 1, 2031 (new Part 10.4.1 and R&TC section 17052.11). source Public record
- California Jun 27, 2025 SB 132 also allows the credit where an electing fiscal year entity's taxable year begins differently from its owner's. source Public record
- Hawaii May 15, 2025 Act 58, SLH 2025 (H.B. 1146), signed May 15, 2025: members claiming the credit add their share of the PTE tax to taxable income, for tax years beginning after December 31, 2024. source Public record
- Michigan Apr 2, 2025 2024 PA 216 (effective April 2, 2025): election deadline moved to the last day of the ninth month after the tax year ends, for tax years beginning on and after January 1, 2024; estimated payment safe harbors of 90% current year or 100% prior year; tax counted for the member credit if paid by the extended return due date. source Public record
- Hawaii Jan 2, 2025 Temporary administrative rules for the 2024 law took effect; the 2024 rules under the 2023 law were repealed. source Public record
- Alabama Jan 1, 2025 The election moved from Form PTE-E filed in My Alabama Taxes by the 15th day of the third month after year end to a checkbox on the timely filed Form 65 or Form 20S, including extensions, checked each year; revocation is a separate Revoking PTE box. source Public record
- Idaho Jan 1, 2025 Corporate rate, and so the ABE rate, lowered to 5.3% for taxable years from January 1, 2025 (from 5.695% for 2024). source Public record
- Iowa Jan 1, 2025 Rate falls to 3.8% for tax years beginning on or after January 1, 2025, following the individual rate (2024 Iowa Acts, chapter 1094); the owner credit reduction follows the same rate. source Public record
- Louisiana Jan 1, 2025 The election rate became a flat 3% (the corporation rate became a flat 5.5%) for tax periods beginning on or after January 1, 2025. source Public record
- Maryland Jan 1, 2025 The Budget Reconciliation and Financing Act of 2025 (Chapter 604) raised the highest marginal State rate to 6.50%, so the PTE rate becomes 8.75% on individual and fiduciary members' shares (8.25% on entity members' shares) for tax years beginning after December 31, 2024. source Public record
- New Hampshire Jan 1, 2025 RSA 77, Taxation of Incomes (the interest and dividends tax), repealed by 2021, 91:99, II. source Public record
- Ohio Jan 1, 2025 Electing PTEs may claim refundable PTE credits passed to them by other entities, for taxable years ending on or after January 1, 2025 (IT 4738 line 14). source Public record
- Rhode Island Jan 1, 2025 Owner credit cut to 90% of the tax paid by the entity, for tax years beginning on or after January 1, 2025 (P.L. 2024, ch. 117, art. 6, sec. 11). source Public record
- Utah Jan 1, 2025 HB 106 (2025) lowered the rate from 4.55% to 4.5% for 2025; HB 60 (2025) extended the owner credit carryforward from 5 to 10 years. source Public record
- West Virginia Jan 1, 2025 Top individual rate, and so the EPT rate, set at 4.82% for taxable years beginning on and after January 1, 2025 (SB 2033, 2024 Second Special Session). source Public record
- Missouri Aug 28, 2024 2024 H.B. 1912 amended section 143.436 (current text effective August 28, 2024); what it changed was not compared. source Public record
- Hawaii Jun 19, 2024 Act 50, SLH 2024 (S.B. 2725), signed June 19, 2024: rate changed from the top individual rate (11 percent for 2023) to 9 percent; tax limited to qualified members (individuals, trusts and estates); multi-tier provisions repealed; unused credits may be carried forward. Applies to tax years beginning after December 31, 2023. source Public record
- Louisiana Mar 20, 2024 Act 450 of the 2023 Regular Session changed the election; LDR amended LAC 61:I.1001 to implement it, effective March 2024 (LR 50:407). source Public record
- Arkansas Jan 1, 2024 Rate tied to the top individual rate: 4.9% (capital gains 2.45%) for 2022 after Acts 1 and 2 of the 2021 Third Extraordinary Session, 4.7% (2.35%) for 2023 and 3.9% (1.95%) for 2024 and 2025. source Public record
- Connecticut Jan 1, 2024 Public Act 23-204 made the tax elective instead of mandatory, removed the alternative base calculation, and repealed the separate composite election in 12-699b, for taxable years commencing on or after January 1, 2024. source Public record
- Georgia Jan 1, 2024 The entity-level rate became the individual rate for the year: 5.39% for 2024 and 5.19% for 2025. source Public record
- Kentucky Jan 1, 2024 Estimated payments required and the estimated tax penalty applies to electing entities from taxable years beginning on or after January 1, 2024. source Public record
- Montana Jan 1, 2024 Rate fell from 6.75% (2023) to 5.9% (2024) as the top individual rate dropped. source Public record
- Rhode Island Jan 1, 2024 Form RI-PTE replaced by RI Schedule PTE attached to the entity's return, for tax years beginning on or after January 1, 2024. source Public record
- West Virginia Sep 1, 2023 Filing the EPT-100 return became the election from September 1, 2023 (no separate election form). source Public record
- Arizona Jan 1, 2023 S.B. 1734 (2023 session) changed the starting point for an electing partnership's Arizona taxable income, for taxable years beginning from and after December 31, 2022. source Public record
- Colorado Jan 1, 2023 Estimated payments required for electing entities for tax years from 2023. source Public record
- Georgia Jan 1, 2023 All partnerships can elect, regardless of who owns or controls them (earlier, only entities wholly owned by persons eligible to hold S corporation stock). source Public record
- Kentucky Jan 1, 2023 Election deadline set at the 15th day of the 4th month after year end (10th month if extended), for taxable years beginning on or after January 1, 2023. source Public record
- Maryland Jan 1, 2023 The election must be made with the first filing or payment of the tax year and is irrevocable; it can no longer be changed on an amended return. source Public record
- Mississippi Jan 1, 2023 House Bill 1668 changed how the election is made (a separate election form, by the vote or written consent described above) and let credits generated by the electing entity pass through to owners, with excess carried forward or refunded. source Public record
- New Jersey Jan 1, 2023 P.L. 2023, c.96: from tax years beginning on or after January 1, 2023, Gross Income Tax sourcing of business receipts follows the Corporation Business Tax rules, and the same sourcing applies to BAIT. source Public record
- North Carolina Jan 1, 2023 From taxable years beginning on or after January 1, 2023, a resident partner's share of income not attributable to North Carolina is no longer included in a Taxed Partnership's taxable income, and the election cannot be made or revoked after the return is filed. source Public record
- Ohio Jan 1, 2023 Rate for taxable years beginning in 2022 was 5%; from 2023 the rate equals the 3% rate on taxable business income. source Public record
- Virginia Jan 1, 2023 Removed the requirement that the entity be 100% owned by natural persons or persons eligible to be S corporation shareholders, and allowed the election to be made by an estimated or extension payment, from taxable year 2023. source Public record
- Louisiana Jan 1, 2022 Act 396 of the 2021 Regular Session repealed the deduction for federal taxes paid and set the election rates at 1.85% on the first $25,000 of Louisiana taxable income, 3.5% above $25,000 up to $100,000 and 4.25% above $100,000 for taxable periods beginning on or after January 1, 2022 (2% to 6% before). source Public record
- New Jersey Jan 1, 2022 P.L.2021, c.419 revised BAIT, including the current rate brackets and the tiered-entity credit rules, effective for tax years beginning on or after January 1, 2022. source Public record
- New York Jan 1, 2022 New York City PTET (Tax Law Article 24-B) added, for tax years beginning on or after January 1, 2022, by Chapter 59 of the Laws of 2022, Part MM, and Chapter 555 of the Laws of 2022. source Public record
- North Carolina Jan 1, 2022 Partners classified as corporations for federal income tax purposes allowed in a Taxed Partnership, retroactive to taxable years beginning on or after January 1, 2022 (S.L. 2023-134). source Public record
- Oklahoma Jan 1, 2022 HB 2963 cut the rate for corporate, pass-through entity and financial institution members from 6% to 4%, for tax years beginning on or after January 1, 2022. source Public record
- Tennessee Jan 1, 2021 Hall income tax repealed for tax periods beginning on or after January 1, 2021. source Public record
- Connecticut Jan 1, 2019 Public Act 19-117 replaced the 93.01% credit multiplier with 87.5%, for taxable years commencing on or after January 1, 2019. source Public record
- Alabama The 2025 Rural Hospital Investment Program Tax Credit joined the 2017 Historic Rehabilitation and Railroad Modernization credits as credits that stay with the electing entity instead of passing through. source Public record
- Arizona S.B. 1274 (2025) retroactively removed the timely filing requirement: the election may be made, or revoked, on an amended return within the four-year statute of limitations. source Public record
- Arizona Publication 713 addresses entities that paid 2025 PTE estimates but decided not to elect after the federal SALT deduction limit rose from $10,000 to $40,000 in 2025: they file a return answering No on Line A to get the estimates refunded. source Public record
- Arkansas The rule says DFA's February 2026 list of states with substantially similar taxes will be the final annual list unless the Secretary decides to publish more; a list for tax years beginning in 2026 is dated 6/3/2026. source Public record
- Colorado SB 22-124 made the election available for tax years 2018 to 2021, by a composite amended return filed on or after September 1, 2023 and before July 1, 2024 (that window has closed), and added the owner credit. source Public record
- Colorado The Department of Revenue has published the 2026 SALT Parity Act Election Form (DR 1705) and 2026 DR 0106EP, so the election continues for 2026. source Public record
- Illinois The Illinois Income Tax Act was amended to remove the expiration date for the PTE tax (noted in the 2025 IL-1065 and IL-1120-ST instructions, revised July 2026). The act that removed it was not read. source Public record
- Indiana For 2025 and later: ESOPs, tax-exempt retirement plans (income not unrelated business income) and tax-exempt governmental entities are not eligible owners; credits for non-Indiana taxes of resident owners, for residents of reverse-credit states and for flow-through Indiana credits may be applied against PTET (computation codes 13 to 15). source Public record
- Indiana Quarterly estimated PTET payments for taxable years ending in 2025 and later, replacing the single year-end estimated payment required for taxable years ending July 1, 2023 to December 31, 2024. source Public record
- Indiana New standard method for computing owners' income subject to PTET for 2026 and later. source Public record
- Indiana Rate follows the individual rate: 3.00% for 2025, 2.95% for 2026, 2.90% for 2027. source Public record
- Iowa Iowa DOR (FAQ updated December 22, 2025): because of Public Law 119-21 the PTET election is no longer scheduled to expire; it is available for any tax year in which the IRC section 164(b)(6) SALT limitation applies. source Public record
- Kansas Senate Bill 410 (2024) amended the act: credits from an electing entity's activities pass through to owners, and Kansas modifications and the expensing deduction are claimed on both the K-120S and each owner's K-40. source Public record
- Kansas K.S.A. 79-32,110c (L. 2025) provides automatic income tax rate cuts, to the nearest 0.01%, for the next tax year when the August 15 revenue certification (starting August 15, 2025) shows collections above an inflation-adjusted base and the budget stabilization fund at 15% or more. A cut to the top individual rate would lower the PTET rate. The 2026 estimated tax schedule still shows 5.58%. source Public record
- Maine LD 191, a separate pass-through entity tax bill, was passed to be enacted by the House on April 2, 2026 but died in the Senate when the Legislature adjourned. source Public record
- Massachusetts A 52 to 53 week tax year that begins in the last week of December 2025 is treated as beginning January 1, 2026 for the 63E election only. source Public record
- Minnesota Laws 2026, chapter 128: the commissioner may disallow an owner's credit if the entity's tax has not been paid (effective the day after final enactment). source Public record
- Nebraska The Department's FAQ (updated August 17, 2026) says the PTET is not tied to the federal SALT limitation and stays available even if that limitation goes away. source Public record
- Oklahoma HB 3559 (passed April 24, 2024) allowed the election to be made by filing the income tax return no later than its due date, including extensions; the Tax Commission applies this beginning with tax year 2024. source Public record
- Oregon SB 1510 (chapter 75, Oregon Laws 2026) extends the PTE-E tax from tax years beginning before January 1, 2026 to tax years beginning before January 1, 2028, and lets an electing PTE credit an overpayment against the next year's estimated tax. Passed the Senate February 24, 2026; takes effect on the 91st day after the 2026 session adjourned. source Public record
- Vermont S.45 (2023 to 2024 session), an elective pass-through entity income tax and credit, passed the Senate; the last recorded action was a motion in the House on May 12, 2023 to relieve the Committee on Ways and Means of the bill, which was disagreed to. Not enacted. source Public record
- Virginia Sunset extended from January 1, 2026 to January 1, 2027, so the tax covered taxable years 2021 through 2026. source Public record
- Virginia The 2026 amendments to the 2025 Appropriation Act removed the sunset: the PTET becomes permanent and does not expire after taxable year 2026. The statute's history cites 2026, c. 7. source Public record
Every state
| State | PTET | Rate (latest year) | Election deadline | Ends |
|---|---|---|---|---|
| Alabama | Electing Pass-Through Entity (EPT) tax | 5% | Any time during the tax year or before the due date of the Form 65 or Form 20S, including extensions granted (for tax years before 2025, the 15th day of the third month after the close of the tax year). | |
| Alaska | no income tax | |||
| Arizona | Pass-Through Entity (PTE) election (Arizona PTE income tax) | 2.5% | The department's 2025 Form 165 and 120S pages say no later than the due date or extended due date of the return. Publication 713 (revised November 2025) says S.B. 1274 (2025) retroactively removed the timely filing requirement: the election may be made on an amended return filed before the four-year statute of limitations expires, with each participating owner also amending. | |
| Arkansas | Elective Pass-Through Entity Tax (PET tax) | 3.7% (net capital gains 1.85%) | Before the due date for filing the return, as extended. | |
| California | Pass-through entity (PTE) elective tax | 9.3% | The timely filed original return. Also a payment by June 15 of the election year (greater of $1,000 or 50 percent of the prior year's elective tax): for 2022 to 2025 an entity that misses or underpays it cannot elect; for 2026 to 2030 it may still elect, but its qualified taxpayers' credit is reduced by 12.5 percent of their pro rata share of the unpaid amount. | Taxable years beginning before January 1, 2031 (last year 2030) |
| Colorado | SALT Parity Act election | 4.4% | On the DR 0106 for the tax year (due the 15th day of the fourth month after year end, April 15 for calendar year filers, with an automatic six-month filing extension), or earlier during the year on DR 1705 or DR 0106EP. | Condition: the election is allowed only in an income tax year in which there is a limitation on the deductions allowed to individuals under section 164 of the Internal Revenue Code (C.R.S. 39-22-343(2)). No end year is set. |
| Connecticut | Pass-Through Entity Tax (PE Tax) | 6.99% | No later than the due date of the entity's return, or the extended due date if an extension was requested and granted. | |
| Delaware | No | |||
| District of Columbia | No | |||
| Florida | no income tax | |||
| Georgia | Election to pay tax at the entity level (HB 149 pass-through entity tax) | 4.99% | By the due date or extended due date of the entity's income tax return for the year. | |
| Hawaii | Pass-through entity (PTE) taxation | 9% | 20th day of the 4th month after the close of the taxable year, or the 20th day of the 10th month if an extension is granted; the extension is automatic if the electing PTE pays the properly estimated tax liability. | |
| Idaho | Affected business entity (ABE) election | 5.3% | Since July 1, 2026, the election can be made on any original return, regardless of when it is filed (before, only on a timely filed return). The ABE tax must be paid on or before the 15th day of the fourth month after year end (April 15 for calendar year filers). | |
| Illinois | Pass-through entity (PTE) tax | 4.95% | Made on the annual return; IDOR says the election becomes irrevocable after the extended due date for the year. | |
| Indiana | Pass Through Entity Tax (PTET) | 2.90% | Any time during the tax year or on the timely filed original return, including extensions; Form IN-PTET by the return due date with extensions or the date the original return is filed, whichever is first. No election after the original return is filed. | |
| Iowa | Pass-Through Entity Tax (PTET) | 3.8% (the individual rate under Iowa Code 422.5) | Six months after the original due date of the IA 1065 or IA 1120S (for a calendar year return originally due April 30, the following October 31). | Applies only to tax years for which the federal limitation on individual deductions under IRC section 164(b)(6) applies; Iowa DOR says the election is no longer scheduled to expire because of Public Law 119-21. |
| Kansas | SALT Parity Act (electing pass-through entity tax) | 5.58% | The statute says the election is made on the return; it does not state a separate deadline. | |
| Kentucky | Pass-through entity tax election and refundable pass-through entity tax credit (KRS 141.209) | 3.5% | For taxable years beginning on or after January 1, 2023, at any time during or after the taxable year but no later than the 15th day of the 4th month after the close of the taxable year, or the 15th day of the 10th month if the return is filed under the KRS 141.170 extension. For 2022, the election had to be made after March 31, 2023 and before August 31, 2024. | |
| Louisiana | Pass-through entity tax election (R.S. 47:287.732.2) | 3% | Any time during the taxable year before the first year the election applies, any time during that first year, or on or before the 15th day of the fourth month after that first year closes. LDR may accept a later election case by case for reasonable circumstances (such as death or serious illness of an owner or the preparer, or a federally declared disaster); paying less tax under the election is not one. | |
| Maine | Pass-through entity tax (36 MRSA chapter 815, subchapter 3) | 7.15% | The due date of the return, including any extension: the 15th day of the third month after the end of the taxable year (March 15 for calendar year entities), extended automatically by a federal extension plus 30 days. | |
| Maryland | Pass-through entity election to pay tax on all members' shares (Electing PTE), Form 511 | 8.75% on individual and fiduciary members' shares (6.50% plus 2.25%); 8.25% on entity members' shares | With the first filing or payment of the tax year; if there are none, by filing Form 511 by its due date. For tax year 2026 only, the Comptroller ignores any election or nonelection made with the first quarter estimated payment and honors the one made with the next filing or payment after April 15, 2026. | |
| Massachusetts | Elective pass-through entity (PTE) excise (chapter 63D PTE excise; from 2026 also the chapter 63E PTE excise) | 5% (chapter 63D excise), plus an optional additional 4% (chapter 63E excise) | Form 63D-ELT or 63-ELT is due with the entity's Form 3, Form 355S or Form 2, taking into account valid extensions (generally March 15 for Form 3 and Form 355S and April 15 for Form 2, for calendar year filers). An unpaid balance does not void an election made on a return filed within 6 months of the original due date. | Condition: chapter 63D does not apply to any taxable year for which the federal SALT deduction limitation of Code § 164(b)(6), as amended and in effect for the year, has expired or is otherwise not in effect. DOR says both excises will expire if the federal SALT deduction limitation expires or is repealed. |
| Michigan | Flow-through entity tax | 4.25% under MCL 206.51(1)(b), unless reduced for the year under 206.51(1)(c) | Tax years beginning on or after January 1, 2024: on or before the last day of the ninth month after the end of the tax year (September 30, 2026 for calendar 2025; September 30, 2027 for calendar 2026). Tax years beginning before 2024: the 15th day of the third month of the tax year. | Levied only while the federal SALT deduction limitation in IRC 164(b)(6)(B) exists (Treasury FAQ; MCL 206.847). |
| Minnesota | Pass-Through Entity (PTE) Tax | The highest individual rate for the year (9.85% currently) | On or before the due date or extended due date of the entity's return (September 15, 2026 for calendar year 2025). Late elections are not accepted. | Expires for taxable years beginning after December 31, 2027 (set by Laws 2026, chapter 128; before that it expired at the same time and on the same terms as IRC section 164(b)(6)(B)). |
| Mississippi | Electing pass-through entity (electing PTE) | graduated 0% to 5%: 0% on the first $5,000 of taxable income, 4% on the next $5,000 and 5% above $10,000 | Any time during the tax year, or by the due date or extended due date of the Pass-Through Entity Tax Return for the year, or by the date the return is filed, whichever is latest. | |
| Missouri | SALT Parity Act (affected business entity tax) | The highest individual rate under RSMo 143.011 for 2026 (not confirmed) | ||
| Montana | Montana Pass-Through Entity Tax (PTET) | 5.4% | No later than the due date of the return including extensions; an election on a return received after the extended due date is not valid and is reversed. | |
| Nebraska | Nebraska Pass-Through Entity Tax (PTET) | 3.99% (2027 and after) | On or before the due date of the partnership's or S corporation's Nebraska return, including any approved extension. Elections for tax years 2018 to 2022 (Form PTET-ER) closed on December 30, 2025. | |
| Nevada | no income tax | |||
| New Hampshire | no income tax | |||
| New Jersey | Pass-Through Business Alternative Income Tax (PTE/BAIT) | graduated 5.675% to 10.9% (same brackets) | On or before the original due date of the entity's Form PTE-100 (March 15 of the following year for calendar year filers; for example June 15 for a March 31 fiscal year end). The election cannot be made retroactively. | |
| New Mexico | Entity-level tax election (pass-through entity) | 5.9% | With the return, which is due on or before the due date of the entity's federal return. | |
| New York | Pass-through entity tax (PTET) | graduated 6.85% to 10.90% (same table: the statute applies it to each taxable year beginning on or after January 1, 2021) | On or after January 1 and no later than March 15 of the tax year (next business day if March 15 falls on a weekend or legal holiday). No later opt-in is allowed for newly formed entities. | |
| North Carolina | Taxed pass-through entity (Taxed PTE) election: Taxed Partnership or Taxed S Corporation | 3.99% | By the due date of the North Carolina return, including extensions. An election on a late filed return is not valid, and the election cannot be made on an amended return after the original return is filed. | |
| North Dakota | No | |||
| Ohio | Electing pass-through entity (EPTE) income tax, Form IT 4738 | 3% | On or before the due date of the IT 4738, including the extended due date for a PTE that received a federal extension. | |
| Oklahoma | Electing pass-through entity tax (Pass-Through Entity Tax Equity Act of 2019) | 4.5% for individual and trust members; 4% for corporate, S corporation and partnership members | Stand-alone Form 586: at any time during the preceding tax year or within two months and 15 days after the beginning of the current tax year. On the return: no later than the due date of the return, including extensions. | |
| Oregon | Pass-Through Entity Elective (PTE-E) Tax (pass-through business alternative income tax) | graduated 9% to 9.9%: 9% of the first $250,000 of distributive proceeds and 9.9% of the excess | The due date of Form OR-21 including extensions: April 15, or October 15 on extension. Returns filed after the due date including extensions are not accepted, and the election may not be made retroactively. | Tax years beginning before January 1, 2028 (last calendar year 2027). The repeal provision also applies to years to which the federal SALT limit (IRC section 164(b)(6)) does not apply, and the department states the law will expire if the federal SALT limitation expires or is repealed. |
| Pennsylvania | No | |||
| Rhode Island | Pass-through entity election to pay state income tax at the entity level (Pass-through Entity Election Tax) | 5.99% | Made with the return: Forms RI-1065 and RI-1120S are due the 15th day of the third month after the close of the taxable year (September 15 for June 30 fiscal years). The sources read do not say whether the election can be made on an extended return. | |
| South Carolina | Active Trade or Business Income Tax election (entity level), Code § 12-6-545(G) | 3% | No later than the due date of the SC1065 or SC1120S, including extensions (March 15, or September 15 with a valid extension, for calendar year entities). There is no relief for a late election. | |
| South Dakota | no income tax | |||
| Tennessee | no income tax | |||
| Texas | no income tax | |||
| Utah | Voluntary taxable income election for pass-through entities (TC-75, State and Local Tax (SALT) Report) | 4.45% | The last day of the entity's taxable year (December 31 for calendar year entities). Only tax remitted by then counts as the elective tax. | |
| Vermont | No | |||
| Virginia | Elective pass-through entity tax (PTET), Form 502PTET | 5.75% | On or before the due date for filing Form 502PTET, including any automatic extension (for a calendar year entity, filed by October 15 to stay within the 6 month extension). | |
| Washington | no income tax | |||
| West Virginia | Elective Pass Through Entity Tax (EPT), Form EPT-100 | 4.58% | The Tax Division says the election for calendar year taxpayers is due on or before March 15. The statute says the election must be made on or before the due date of the return, including any extensions granted. | |
| Wisconsin | Election to pay tax at the entity level (pass-through entity-level tax) | 7.9% | On or before the due date or extended due date of the return; the election is made on the day the return is filed. | |
| Wyoming | no income tax |
Informational only, not tax advice. Whether the election helps depends on the owners' federal and state positions; confirm the current rules with the state before electing.