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Key Takeaways. A flow-through (pass-through) entity is a legal business entity that passes all its income on to the owners or investors of the business. Flow-through entities are a common device used to avoid double taxation on earnings.
This state tax is known as the pass-through business alternative income tax, or the PTE for short. The New Jersey PTE tax rate ranges from 5.675% to 10.9%, plus an additional fee for businesses with an annual net income of over $250,000.
The biggest benefit is that the PTE payment is a business deduction at the entity level, thus making this state income tax payment deductible on the federal tax return.
Overview of PTET The PTET is levied on an entity classified as a partnership or an S corporation for federal and state income tax purposes. The entity can reduce its ordinary income by the amount of the income tax paid, just as they do for payroll taxes and other state and local taxes.
The pass-through entity (PTE) tax strategy is a work around to the limitation on the State and Local tax (SALT) deduction created by the Tax Cuts and Jobs Act (TCJA).
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PTE tax allows an entity taxed as a partnership or S Corporation to make a tax payment on behalf of its partners. The business pays an elective tax of 9.3% of qualified net income to the Franchise Tax Board.
BAIT is assessed based on the total of each owners prorated shares, or distributive proceeds. The entity pays the tax, not the individual, and individuals can then claim a refundable tax credit based on their amount of distributive proceeds.
The tax rates for NJ BAIT range from 5.675% to as high as 10.9% on New Jersey sourced income. The tax is calculated on every members share of distributive proceeds including tax exempt members. An exempt corporate member can claim a refund for tax paid by the pass-through entity on its share of distributive proceeds.

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