On February 9, 2022, Governor Newsom signed Senate Bill 113 (“SB 113”), which modified and expanded the passthrough entity elective tax benefits previously established under AB 150. The goal of SB 113 was to add clarity and conformity to the state’s original objectives for establishing the PTE credit.
The PTE election is made annually on an original, timely filed return, including extensions. For tax years 2022 through 2025, the first PTE installment payment is due June 15th of each year, and is equal to the greater of:
- 50% of the prior year’s PTE elective tax paid, or
The second PTE elective tax installment is due by the entity’s tax return due date (without extensions), which for most partnerships, LLCs and S corps will be March 15, 2023.
If a payment is not made by June 15th, the election may not be made and the passthrough entity and owners may not participate in the program for that corresponding tax year.
We understand there are many unanswered questions surrounding the PTE program. For example, since many 2021 returns will not be filed by June 15th, taxpayers may not know what 50% of the 2021 tax will actually be. If a good faith estimate is paid on June 15 but ends up being short of the 50% when the 2021 return is filed, the 2022 PTE election is invalid.
In order to address this particular issue, KKB is recommending that taxpayers add a “cushion” to ensure that they do not underpay the tax. If the PTE did not participate in the program for 2021, but the owners of the PTE are fairly certain they will want to participate in the PTE program for 2022, we are recommending that at least $1,000 be paid by this date for each participating entity.
If you have any questions, please contact us. We are here to help.