2026 state pass-through entity tax elections, all 50 states and DC
For tax year 2026, 37 states let a partnership or S corporation elect to pay state income tax at the entity level. Thirteen states and DC have no such election. The table below gives the rate, how to elect and the official source for every row. Where no official page we opened gives a 2026 figure, the cell says GAP. We don't fill gaps with guesses.
This page is general information for tax firm owners. It is not tax or legal advice. Check each figure on the state's own page before you use it with a client.
What a PTET election is
A pass-through entity tax (PTET) election lets a partnership or S corporation pay state income tax itself, in place of its owners paying it on their personal returns. Most states that offer one then give owners a credit or an exclusion for the tax the entity paid.
The federal side is the same for every state. IRS Notice 2020-75 says a partnership or S corporation can deduct state income tax it pays at the entity level (IRS Notice 2020-75). That deduction sits at the entity, outside each owner's personal state and local tax (SALT) deduction limit in 26 U.S.C. 164(b)(6).
How to read the table
- Election for tax year 2026 says whether an entity-level election exists for tax years beginning in 2026, according to the official source in that row. Every election in this table is optional. No state in it makes PTET mandatory for 2026.
- Rate. A rate for an earlier year is labelled with that year. If no official page we opened gives the 2026 number, the cell says GAP.
- How and when to elect is a short summary. Deadlines, consent rules and payment rules have detail the summary leaves out, so read the source.
- Checked: the rows were built and rechecked against the official pages between 24 and 25 Oct 2026. On 25 Oct 2026 the Colorado and New Hampshire pages and one Tennessee page did not load for our checker, so those rows rest on our earlier October 2026 read. We will update the page when states publish their 2026 forms and instructions.
The table
| State | Election for tax year 2026 | Rate or how it is set | How and when to elect | Official source |
|---|---|---|---|---|
| Alabama | Yes. Elective, yearly | 5% of apportioned Alabama taxable income | Check the Electing PTE box on a timely filed Form 65 or 20S (extensions count), each year; owners with more than 50% of voting control consent; Form EPT due March 15 for calendar filers | revenue.alabama.gov and revenue.alabama.gov |
| Alaska | No | No income tax on S corporations, partnerships or their owners | n/a | Alaska Department of Revenue, Tax Division: tax.alaska.gov |
| Arizona | Yes. Elective, yearly | 2.5% for 2025 on resident owners' income plus nonresidents' Arizona-source income. 2026 rate: GAP | On Form 165 or 120S by the due date or extended due date; partners get a notice and at least 60 days to opt out | azdor.gov and the 2025 Form 165 instructions: azdor.gov |
| Arkansas | Yes. Elective | Top individual rate; capital gains at half that rate. 2024: 3.9%. 2026: see note A | By the extended due date; earlier by Form AR362-E, ATAP registration or filing a PET return; owners with more than 50% of voting power | dfa.arkansas.gov and dfa.arkansas.gov |
| California | Yes, through tax years beginning before 1 Jan 2031 (SB 132). Elective, yearly | 9.3% of qualified net income | Elect on the timely filed original return; first payment by June 15 of the election year, the greater of $1,000 or 50% of the prior year's elective tax; a missed or short June 15 payment cuts the credit by 12.5% (FTB help page) | ftb.ca.gov and ftb.ca.gov |
| Colorado | Yes (SALT Parity Act). Elective, yearly, irrevocable for the year | Colorado tax paid at entity level. Numeric 2026 rate: GAP (no official page we opened states it) | Box I on Form DR 0106, or earlier on Form DR 1705, or the box on DR 0106EP with an estimate | tax.colorado.gov and tax.colorado.gov |
| Connecticut | Yes. Elective, yearly, irrevocable (earlier mandatory years: GAP, see note D) | 6.99% of income subject to tax; member credit 87.5% of their share | Written notice by the due date or extended due date; the checkbox on a timely CT-1065/CT-1120SI counts; CT-PET due March 15 for calendar filers | portal.ct.gov and portal.ct.gov |
| Delaware | No | Delaware Code: "A pass-through entity as such shall not be subject to the income tax" | n/a | delcode.delaware.gov |
| District of Columbia | No. Bill B26-0324 was introduced; final status: GAP | Bill would use the top individual rate for individual members (bill text) | n/a | DC Council, B26-0324: lims.dccouncil.gov |
| Florida | No | No personal income tax for an election to replace | n/a | Florida Department of Revenue: floridarevenue.com |
| Georgia | Yes. Elective, yearly, irrevocable | Same rate as individuals for the year: 4.99% for 2026 (HB 463 sets the individual rate at 4.99% for tax years beginning 1 Jan 2026; the DOR partnerships page states the 4.99% rate for entity-level filers). 5.19% for 2025 | Check the box and complete the schedules on Form 600S or 700 by the due date or extended due date | dor.georgia.gov and dor.georgia.gov and HB 463 as signed gov.georgia.gov |
| Hawaii | Yes. Elective, yearly | 9% for tax year 2024 and later (Act 50, SLH 2024). See note B | Form N-362E by the 20th day of the 4th month after year-end (April 20 for calendar filers), or the 20th day of the 10th month with the extension conditions | tax.hawaii.gov and files.hawaii.gov |
| Idaho | Yes (affected business entity election). Elective, yearly | Corporate rate. Numeric 2026 rate: GAP | Tick the election box on the return; keep the ABE form on file | tax.idaho.gov |
| Illinois | Yes, no end date (Public Act 104-0453). Elective, yearly | 4.95% of net income | On the return (IL-1065 or IL-1120-ST); irrevocable after the extended due date | tax.illinois.gov and IDOR bulletin FY 2026-15 (expiration date removed under Public Act 104-0453): tax.illinois.gov |
| Indiana | Yes. Elective, yearly | 2.95% for 2026 (IB 72B rate table) | During the year or on the timely filed original return (extensions count); Form IN-PTET or the PTET box plus a Schedule PTET code; no election on an amended return | in.gov and in.gov |
| Iowa | Yes, no longer scheduled to expire (IDR update 22 Dec 2025). Elective, yearly, irrevocable | Follows the individual rate: 3.8% for 2025. 2026: GAP | Six months after the original due date of IA 1065/IA 1120S (October 31 for calendar filers, the example in the IDR deadline notice) | revenue.iowa.gov and revenue.iowa.gov |
| Kansas | Yes (SALT Parity Act). Elective, yearly | Highest individual rate for the year: 5.58% for 2026 (top bracket in the KDOR 2026 K-40ES; the FAQ gives 5.58% for 2024) | Check Box N on the K-120S for the year. The KDOR FAQ says "The S corporation or partnership will make the election on the K-120S"; irrevocable once made | ksrevenue.gov and ksrevenue.gov |
| Kentucky | Yes. Elective, yearly, irrevocable | Individual tax under KRS 141.020 on the entity. Numeric 2026 rate: GAP (no official page we opened states it) | During the year, or by the 15th day of the 4th month after year-end, or the extended due date; Form 740-PTET-ELECT | revenue.ky.gov |
| Louisiana | Yes. Elective, continuing until terminated | Individual rate, flat 3% from 2025 | Form R-6980 by email with owner list and documents; during the year before, during the first year, or by the 15th day of the 4th month after it closes; owners with more than half the interest approve | dam.ldr.la.gov and LAC 61:I.1001 dam.ldr.la.gov |
| Maine | Yes, new from 1 Jan 2026. Elective, yearly | 7.15% for 2026 (top rate without the 2% surcharge); member credit 90% | On a timely filed annual PTET return (extensions count); irrevocable after that date; return due 15th day of the 3rd month; e-file only via Maine Tax Portal | legislature.maine.gov |
| Maryland | Yes. Elective, yearly | 8.75% on individual and fiduciary members' shares, 8.25% on entity members' shares (periods after 31 Dec 2024) | On the first filing of the year (Form 510/511D estimate or 510/511E extension); then Form 511 | marylandcomptroller.gov |
| Massachusetts | Yes, two excises; both end if the federal SALT limit ends. Elective, yearly (63D, 63E or both) | 63D: 5%. 63E: 4% of each qualified member's share above the surtax threshold, new for 2026. Credit 90% | On a timely filed Form 3, 355S or 2, confirmed by e-filing Form 63-ELT | mass.gov |
| Michigan | Yes. Elective, binds the year paid plus the next two | Same rate as the individual income tax: 4.25% for 2026 (Treasury notice, 15 Apr 2026) | Elect by making a payment; deadline last day of the 9th month after year-end (Sept 30 for calendar filers) | michigan.gov and michigan.gov and michigan.gov |
| Minnesota | Yes, for tax years beginning before 1 Jan 2028. Elective, yearly | Highest individual rate, 9.85% | By the extended due date; no late elections; qualifying owners with more than 50% | revenue.state.mn.us |
| Mississippi | Yes. Elective, continuing until revoked | 2025 schedule: 0% first $5,000, 4% next $5,000, 5% above $10,000. 2026: GAP | Form 84-381 during the year, by the due date, or by the filing date, whichever is latest; no election on an amended return | dor.ms.gov |
| Missouri | Yes. Elective, yearly, irrevocable | 4.7% on the 2025 Form MO-PTE. 2026: GAP | Check the election box on Form MO-PTE, due 15th day of the 4th month; members may opt out (new) | dor.mo.gov |
| Montana | Yes. Elective, yearly, irrevocable | 5.65% for 2026 (5.4% for 2027) | On a timely filed Form PTE; not after the extended due date | revenue.mt.gov and revenuefiles.mt.gov |
| Nebraska | Yes. Elective, yearly, irrevocable | Numeric 2026 rate: GAP (no official page we opened states it) | Form PTET-E or box 5 on the return (box 5 always required), on or before the due date including extensions | revenue.nebraska.gov |
| Nevada | No | No tax on an owner's share of business income | n/a | Nevada Constitution, Article 10, Section 1: leg.state.nv.us |
| New Hampshire | No | No individual income tax on W-2 wages, and the Interest and Dividends tax is repealed for periods beginning after 31 Dec 2024 (NH DRA), so there is no owner-level tax for a PTET to replace; BPT falls on the entity itself | n/a | revenue.nh.gov |
| New Jersey | Yes (BAIT). Elective, yearly | 2026 PTE-100: 5.675% to $250,000; 6.52% to $1,000,000; 10.9% above | Elect electronically by the original return due date (March 15 of the following year for calendar filers); no payment accepted before the election | nj.gov and nj.gov |
| New Mexico | Yes. Elective, yearly, binds all members | 5.9% for 2025 (2025 PTE instructions). 2026: GAP until the 2026 instructions are published | On Form PTE, due on or before the federal return due date | realfile.tax.newmexico.gov |
| New York | Yes, plus NYC PTET. Elective, yearly | Graduated 6.85% to 10.9% on PTE taxable income; NYC 3.876% | Online, 1 January to 15 March of the tax year (16 March in 2026); an authorized person of the entity must opt in, and tax professionals can't make the election; NYC only with the state election | tax.ny.gov and tax.ny.gov and tax.ny.gov and NYC rate: tax.ny.gov |
| North Carolina | Yes (Taxed PTE). Elective, yearly | Individual rate for the year (G.S. 105-153.7): 3.99% for tax years after 2025 (NCDOR rate schedules) | On the timely filed return; can't be made or revoked after the return is filed; late-filed election invalid | ncleg.gov and G.S. 105-131.1A and ncdor.gov |
| North Dakota | No | Top individual rate 2.5%; composite and withholding only | n/a | N.D.C.C. ch. 57-38: 57-38-08 partnerships not subject to tax; 57-38-31.1 composite returns; no entity-level election in the chapter ndlegis.gov |
| Ohio | Yes (IT 4738). Elective, yearly, irrevocable | Equals Ohio's rate on taxable business income; 3% in the 2025 instructions | File IT 4738 by the return deadline (April 15) | codes.ohio.gov and dam.assets.ohio.gov |
| Oklahoma | Yes. Elective, continuing until revoked | 2026: 4.5% for individual and trust members; 4% for corporate, S corporation and partnership members | Form 586 or the election on Form 514 | oklahoma.gov |
| Oregon | Yes, tax years beginning before 1 Jan 2028 (SB 1510). Elective, yearly | 9% on the first $250,000 of distributive proceeds, 9.9% above | File Form OR-21 by the due date including extensions; late returns not accepted | oregon.gov |
| Pennsylvania | No (enacted). SB 396 pending | n/a | n/a. SB 396 last action: re-referred to Appropriations, 2 April 2025 | palegis.us |
| Rhode Island | Yes. Elective, yearly | 5.99%; owner credit 90% of tax paid for years from 2025 | Schedule PTE with RI-1065 or RI-1120S | webserver.rilegislature.gov and tax.ri.gov |
| South Carolina | Yes (active trade or business income). Elective, yearly | 3% flat on active trade or business income | By the return due date including extensions; Form I-435 | dor.sc.gov |
| South Dakota | No | No individual income tax | n/a | South Dakota Department of Revenue: dor.sd.gov |
| Tennessee | No elective PTET | Franchise and excise tax is already on the entity | n/a | Tennessee Department of Revenue: tn.gov and tn.gov |
| Texas | No | No income tax on an owner's share of business profit | n/a | Texas Constitution, Article 8, Section 24-a: statutes.capitol.texas.gov and Texas Comptroller: comptroller.texas.gov |
| Utah | Yes. Elective, yearly, irrevocable once paid | Owners' voluntary taxable income times the individual rate for the year. Numeric 2026: GAP | E-file a TC-75 SALT Report and make the electronic payment by the last day of the tax year (31 Dec 2026 for calendar filers) | tax.utah.gov and tax.utah.gov |
| Vermont | No, as far as we could confirm (see the source note) | Composite filing for nonresidents only | n/a | tax.vermont.gov (describes composite filing only); S.282, whose Senate Finance draft added an elective PTET, still shows its last action as referral to Senate Finance on 21 Jan 2026 legislature.vermont.gov. GAP: other 2026 Vermont acts not checked for a PTET |
| Virginia | Yes, no end year in the Code (section amended 2026, c. 7). Elective, yearly | 5.75% of Virginia taxable income of eligible owners | On the timely filed return including extensions; Form 502PTET, e-file only | law.lis.virginia.gov and tax.virginia.gov |
| Washington | No | No individual income tax now. A 9.9% income tax starts 1 Jan 2028 (SB 6346) per DOR | n/a | dor.wa.gov |
| West Virginia | Yes. Elective, yearly, irrevocable | Top marginal individual rate; 4.82% for tax year 2025. 2026: GAP | File the EPT-100 (filing it is the election), due March 15 for calendar filers; filed in place of the PTE-100 | tax.wv.gov and tax.wv.gov and code.wvlegislature.gov |
| Wisconsin | Yes. Elective, yearly | 7.9%, no separate capital gains rate | Partnerships: box I on Form 3 with Schedule 3-ET, on or before the extended due date. S corporations: box 7 on Form 5S, same timing. Both need consent of owners holding more than 50% | revenue.wi.gov and revenue.wi.gov and revenue.wi.gov |
| Wyoming | No | "Wyoming does not possess an individual or corporate income tax" | n/a | wyo.gov |
Count
37 states have an election for tax years beginning in 2026, counted from the rows above. These 13 states and DC have none: Alaska, Delaware, Florida, Nevada, New Hampshire, North Dakota, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Washington and Wyoming, plus the District of Columbia.
Notes on specific rows
Note A, Arkansas 2026 rate. Arkansas sets the pass-through entity rate at the top individual rate. No official page we opened states the 2026 entity rate in words, so the table shows the 2024 figure and leaves 2026 open. Read the 2026 AR1100PET instructions when they come out.
Note B, Hawaii. The Hawaii Department of Taxation says the rate for tax year 2024 and later is 9%, under Act 50, SLH 2024. The same act limits qualified members to individuals, trusts and estates and allows credits to carry forward (Hawaii PTE page).
Note C, end dates that changed in 2026. Older summaries list Minnesota and Oregon as ending after 2025 and Virginia after 2026. The state sources say otherwise. Minnesota Revenue says the election is available for tax years beginning before 1 Jan 2028 (Minnesota Revenue). Oregon SB 1510 moved the end to tax years beginning before 1 Jan 2028 (Oregon DOR). The Virginia Code, as amended in 2026 (c. 7), sets no end year for the election (Code of Virginia 58.1-390.3). Use the state's own page over any national map.
Note D, Connecticut's earlier years. Connecticut's tax is elective for 2026 (Connecticut DRS). Whether it was mandatory in earlier years is a GAP: we did not confirm that on an official page.
Gaps we could not close
These are open on purpose. Each one needs an official page that states the figure, and we didn't find one.
- 2026 rate not yet published on any official page we opened: Arizona, Colorado, Idaho, Iowa, Kentucky, Mississippi, Missouri, Nebraska, New Mexico, Utah and West Virginia. Arkansas is close to this list (see note A).
- District of Columbia: final status of Bill B26-0324.
- Connecticut: whether earlier years were mandatory (note D).
- Vermont: we checked S.282 and found no PTET passed. We did not check every other 2026 Vermont act.
Other things that matter for 2026 planning
- Washington has no individual income tax today. The Department of Revenue says a 9.9% income tax starts 1 Jan 2028 under SB 6346 (Washington DOR). Nothing changes for 2026.
- Massachusetts says both of its excises end if the federal SALT limit ends (Mass.gov).
- Deadlines vary a lot. New York closes its election on 15 March of the tax year itself (16 March in 2026), while Utah wants the report and payment by the last day of the tax year (New York PTET; Utah SALT FAQ). A firm that waits for the return to raise the question can miss both.
Using this with clients
A PTET election is one of the clearest reasons to put a planning meeting on an owner's calendar before the year ends. The decision depends on the owner's state, how many owners there are, where they live and what each state's credit rules say. Those are planning questions, and they come with a fee.
If you are working out how to raise it with owners, these guides help:
- How to explain tax planning to business owners
- The year end tax planning letter
- How to sell tax planning without promising savings
- How to get more tax planning clients
- Accounting firm niches for tax planning
- Tax planning clients by state, with pages for California, Florida, Illinois, New York and Texas
- Glossary of tax planning terms
About Financial Sales Insider
Financial Sales Insider is a marketing company that fills US CPA and EA firms' calendars with qualified tax planning meetings. We contact and qualify each enquiry against your written criteria before anyone is booked on your calendar.
See if your firm is a fitJohnny Logan, Founder, Financial Sales Insider. General information for tax firm owners. Not tax or legal advice.
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