The state has provided an important tax planning tool for business owners in California: extending the state’s Pass-Through Entity Tax (PTET) to taxable years that begin prior to January 1, 2031. Eligible S corporations, partnerships, and LLCs taxed as partnerships will be allowed to use the election through 2030 under Senate Bill 132.
The PTET provides an eligible pass-through entity with an election to pay California income tax at the entity level on the entity’s qualified net income. Generally, the owners can claim a corresponding credit in California for their tax payment.
One big benefit is the potential of a federal deduction. Since the entity is liable to pay state income tax, the payment may in general be deductible at the federal business entity level instead of the individual $10,000 state and local tax (SALT) deduction limit. Federal treatment is dependent on the entity and owner’s situation and should be discussed with an accounting professional. Hire a professional (like a tax attorney in Newport Beach) who can guide you in the right direction.
The program may be of great benefit to:
The election is not automatic, so the candidate must campaign for it. Before making the election, business owners should consider their anticipated California income, ownership, federal tax situation, and anticipated individual California tax liability.
An important change with SB 132 is that there will be a June 15th payment.
In such years, it will generally be required to pay an initial sum by 15th June of the same year, the higher of $1,000 or 50% of the previous year’s PTE elective tax.
This previously meant that if the required payment wasn’t made within 15 days of the election, the election was invalid. The election can be made for the taxable year 2026 and later even if the payment is made late or in insufficient amounts, but with a cost.
The credit of qualified taxpayers is deducted from their PTE by 12.5% of the tax pro rata of the amount due and not paid by June 15.
It is especially critical to pay on time.
This new rule is not a complete waiver of penalty. Credit reduction may be applied if the payment is received late or too little, and penalties and interest may also be applied to amounts paid late.
For instance, if a company does not pay enough to the government by June 15, that company may still get a PTET credit but may be eligible to see a decrease under the rules in 2026–2030. Having a professional (like a tax lawyer in Sacramento, CA) will definitely help you in the long run.
To get the most out of:
The PTET extension, which is being offered in California, provides five more years for eligible small businesses to enhance the federal tax treatment of California state income taxes and receive credits for eligible owners. The changes for 2026, however, are more lenient on the deadline for compliance (June 15), but not without consequences. Projections and timely payments can help those who are S-corp owners, LLC members, and LLC partners to benefit without unnecessary reductions in credit.