2024 CALIFORNIA PASS-THROUGH ENTITY (PTE) ELECTIVE TAX CLIENT LETTER

2024 CALIFORNIA PASS-THROUGH ENTITY (PTE) ELECTIVE TAX CLIENT LETTER

 Dear Valued Client:

For a quick refresher: California’s pass-through entity elective tax statute allows qualified S corporations, partnerships, or LLCs to pay tax on their individual, trust, estate, and certain single member LLC owners’ share of the entity’s qualified net income at the entity level. It also allows these owners to claim a credit for the tax paid on their California personal income tax return.

Having the entity pay the tax may reduce your federal taxable income by the amount of tax paid, and you may also qualify to claim a 100% California credit equal to the amount of the entity tax paid on your share of the entity’s income.

With the prepayment deadline fast approaching, it is critical we discuss whether making the election for 2024 is the right move for you and your pass-through entity this year.

Please contact our office immediately so we can set up an appointment to evaluate your situation. There is a fee for this special project.

Pass-Through Entity (PTE) Elective Tax Payments Due June 15, 2024 

As a reminder, there are two payment due dates for the PTE elective tax. The first payment is due on or before June 15, during the taxable year of the election. The amount due is $1,000 or 50% of the elective tax paid for the prior taxable year, whichever is greater. The remaining amount is due on or before the due date of the original return without regard to extensions.  

2024 Tax Year

For tax year 2024, the election must be made when the tax return for the taxable year is filed and the PTE must make an initial payment by June 15, 2024.

First payments that are untimely or underpaid will result in an inability to make the PTE election. 

The amount of the first payment is the greater of:

·         50% of the passthrough entity elective tax paid for the prior tax year; or

·         $1,000 (if you did not make the election for 2023).

The 50% figure is non-negotiable, even if we know the entity’s income for 2024 will be less than it was for 2023. There is also no reasonable cause exception for not meeting the 50% threshold. This is true even if your 2023 entity tax return is still on extension.

How to pay PTE elective tax payments

You can make PTE elective tax payments using Web Pay. However, if you are unable to make electronic payments through Web Pay, you can mail your payment. Please include a Pass-Through Entity PTE elective tax Payment Voucher; make the check payable to Franchise Tax Board; and write the business name, tax year, and Entity ID on your payment. 

Mail to: Franchise Tax Board, PO Box 942857, Sacramento CA 94257-0531

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