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Pass-through entities are required to withhold an amount that is calculated based on Massachusetts taxable amounts of distributive share allocated to a member subject to withholding. The amount subject to withholding is calculated based on the entitys Massachusetts-source income.
The election is made annually by a PTE on its timely filed Form 3, Form 355S Schedule S, or Form 2 and is confirmed by submitting new Form 63D-ELT. An S corporation that is a financial institution may make the election on Schedule S of its timely filed Form 63-FI.
Form 63 FI requires the taxpayer to enter certain information from its federal return. The Department has been mandated by statute to collect and annually report aggregate information about financial in- stitution filers to the legislature.
Heres how the pass-through entity excise tax works: To qualify for the PTE a pass-through entity must be taxed as a Partnership or S corporation (certain trusts also qualify) The entity may elect annually to be subject to the pass-through entity excise (PTE Excise) at a rate of 5%
PTE elective tax calculation The elective tax is 9.3% of the entitys qualified net income, which is the sum of the pro rata or distributive share and guaranteed payments of each qualified taxpayers income subject to California personal income tax.

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To confirm the election, a PTE must electronically file Form 63D-ELT either through the MA Tax Connect website, or with a return using a third-party software. Qualified members of an electing PTE are eligible for a credit equal to 90% of a members distributive share of PTE Excise paid.

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