Pass-through tax rules

Reference

2026 PTET Election Deadlines by State

One row for every jurisdiction with a 2026 file. A row that says there is no elective PTET is not a PTET state. Florida and Texas have no personal income tax. Washington’s row is the enacted tax, which is not effective for 2026. Column headings sort the table. Where a golden check did not confirm the wording, that state page says to verify it with the source. The Illinois 2025 April 15 deadline is one of those.

Informational. Not tax advice.

Last verified October 24, 2026.

State ↓Election deadlineRateWho can elect
Wyoming

WY

Not applicable.

Not applicable. Wyoming does not possess an individual or corporate income tax.

Not applicable.

Wisconsin

WI

On or before the extended due date of Form 3 for a partnership, or the extended due date of Form 5S for an S corporation.

Section 71.21(6)(a) taxes an electing partnership at 7.9 percent of net income reportable to Wisconsin. Section 71.365(4m)(a) taxes an electing tax-option S corporation at the same 7.9 percent. The 2026 Form 3-ES instructions multiply estimated Wisconsin business income by 7.9 percent for a partnership taxable year that begins in 2026.

A partnership or an LLC treated as a partnership, and a tax-option S corporation. The partnership needs consent from partners who together hold more than 50 percent of the capital and profits. The S corporation needs consent from shareholders who together hold more than 50 percent of the shares.

West Virginia

WV

March 15 for a calendar-year taxpayer.

Section 11-21-3A imposes a tax equal to the top marginal individual rate on the electing entity's West Virginia taxable income. Section 11-21-4j, for taxable years beginning on and after January 1, 2026, sets that top rate at 4.58 percent of taxable income over $60,000, and at 4.58 percent of taxable income over $30,000 for a married individual filing separately.

The page describes the return and Schedule EK-1 for an S corporation or partnership. It does not define other entity types.

Washington

WA

Not effective for 2026. For a year the tax is in effect, the election is due no later than June 15 of that taxable year.

Not effective for 2026. Beginning January 1, 2028, RCW 82A.04.520 imposes 9.90 percent on the taxable income of an electing entity.

Not effective for 2026. When the tax applies, a pass-through entity may elect. A partnership or limited liability company elects through a person authorized to sign the return. An S corporation elects through an officer. The election may exclude owners who do not participate.

Virginia

VA

Not stated

5.75 percent.

Not stated

Vermont

VT

Not applicable.

Not applicable. No elective PTET rate is stated.

Not applicable.

Utah

UT

On or before the last day of the pass-through entity's taxable year. For a year ending December 31, the payment must be made by December 31. A later payment is refunded and is not a valid election.

Voluntary taxable income of all final owners multiplied by the individual income tax rate for the taxable year. The FAQ does not state a percentage.

An S corporation, an estate or trust, or an entity classified as a partnership. A disregarded entity cannot elect. The election applies to every final individual owner and does not apply to a business entity or an estate or trust owner.

Texas

TX

Not applicable.

Not applicable. Texas has no state income tax.

Not applicable.

Tennessee

TN

Not applicable.

Not applicable. The Hall income tax is fully repealed for tax years beginning January 1, 2021.

Not applicable.

South Dakota

SD

Not applicable.

Not applicable. South Dakota does not impose a state income tax.

Not applicable.

South Carolina

SC

The due date of the applicable income tax return, including extensions.

3 percent of South Carolina active trade or business income.

A partnership, S corporation, or LLC taxed as a partnership or S corporation whose owners are all qualified owners, or partnerships owned by qualified owners. A qualified owner is an individual, trust, estate, or an entity type outside the sections the instructions name and not exempt from South Carolina income tax.

Rhode Island

RI

The instructions do not state a separate election date. Form RI-1065 is due on or before the fifteenth day of the third month after the close of the taxable year, with the single-member LLC exception the instructions state.

5.99 percent.

A pass-through entity filing the election on RI Schedule PTE. The instructions cover the tax paid on behalf of partners, members, or shareholders.

Pennsylvania

PA

Not applicable.

Not applicable. No elective PTET rate is stated. Personal income tax is 3.07 percent.

Not applicable. No elective pass-through entity tax is described.

Oregon

OR

The due date of Form OR-21, including extensions. The page says returns are due April 15, or October 15 if an extension is requested.

9 percent on the first $250,000 of distributive proceeds and 9.9 percent on the amount above $250,000.

Entities taxed as S corporations and partnerships.

Oklahoma

OK

For a tax year beginning on or after January 1, 2020, 68 O.S. § 2355.1P-4 says the election may be filed at any time during the preceding tax year, or within two months and fifteen days after the beginning of the tax year, or by filing a timely income tax return, including any extension. The election is binding until revoked.

68 O.S. § 2355.1P-4 multiplies an individual, trust, or estate member's Oklahoma distributive share by the highest marginal income-tax rate on natural persons under § 2355, and multiplies a corporate member that is not an S corporation, a pass-through-entity member, or a financial-institution member's share by 4 percent. A member that is an organization described in § 2359 is multiplied by the highest marginal rate that would apply to the item without the election. The 2026 partnership instructions compute that tax as 4.5 percent for individual and trust members and 4 percent for corporate, S corporation, and partnership members.

Any entity required to file an Oklahoma partnership income tax return or an Oklahoma S corporation income tax return may elect. The 2026 partnership instructions say an election by one pass-through entity is not binding on any other pass-through entity.

Ohio

OH

A timely IT 4738 or EPTE-ELEC. The IT 4738 is due April 15 of the calendar year after the year in which the entity's fiscal year ends.

3 percent for PTE taxable reporting periods beginning in 2023 and thereafter.

The instructions say a disregarded entity cannot elect. The election includes all owners' qualifying taxable income and is binding on all owners.

North Dakota

ND

Not applicable.

Not applicable. No elective PTET rate is stated.

Not applicable.

North Carolina

NC

The timely annual return, including extensions. Without an extension, the 15th day of the fourth month after year-end.

3.99 percent.

An S corporation required to file under G.S. 105-131.7, or a partnership required to file under G.S. 105-154(c), including an LLC classified as a partnership. Publicly traded partnerships described in IRC 7704(c), and partnerships with a partner outside the individual, estate, and listed-trust categories in the notice, cannot elect.

New York City

NYC

On or after January 1 and no later than March 15. The election is irrevocable after March 15. A Saturday, Sunday, or legal holiday moves the due date to the next business day.

3.876 percent of New York City pass-through entity taxable income.

An eligible city partnership with at least one partner or member who is a city taxpayer, or an eligible city resident S corporation whose shareholders are all city taxpayers. The entity must also elect the New York State PTET for the same year. Single-member LLCs that are not S corporations, sole proprietorships, trusts, nonprofits, and corporations that are not New York S corporations cannot opt in.

New York

NY

March 16, 2026. The statutory date is March 15, and March 15, 2026, is a Sunday, so the Department calendar moves the annual election and the first estimate to the next business day.

Up to $2,000,000: 6.85%. Over $2,000,000 through $5,000,000: $137,000 plus 9.65% of the excess over $2,000,000. Over $5,000,000 through $25,000,000: $426,500 plus 10.30% of the excess over $5,000,000. Over $25,000,000: $2,486,500 plus 10.90% of the excess over $25,000,000.

A partnership, including an LLC taxed as a partnership, or a New York S corporation.

New Mexico

NM

The due date of the required New Mexico return. The page says the payment requirement is met by paying the tax by that date.

The higher of the personal or corporate income tax rate. The page says the highest rate for both is currently 5.9 percent.

A pass-through entity, with the exclusions the page states for the withholding election. The entity may not pay the tax for the United States, New Mexico, their political subdivisions, a federally recognized Indian nation, tribe, or pueblo, or a section 501(c)(3) organization, among the owners the page lists.

New Jersey

NJ

The current instructions state the calendar-year 2026 PTE-100 is due March 15, 2027. The election is due on or before that original due date and before any estimated payment.

Over $0 but not over $250,000: 5.675% minus $0. Over $250,000 but not over $1,000,000: 6.52% minus $2,112.50. $1,000,000 and over: 10.9% minus $45,912.50.

A partnership, a federal S corporation with a New Jersey S election, or an LLC classified as a partnership or an S corporation, with at least one individual, estate, or trust member liable for gross income tax on the share.

New Hampshire

NH

Not applicable.

Not applicable.

Not applicable.

Nevada

NV

Not applicable.

Not applicable. Nevada does not impose a state income tax on individuals.

Not applicable.

Nebraska

NE

For tax years beginning on or after January 1, 2023, the election is made on the applicable income tax return on or before the due date, including any extensions that have been granted. Sections 77-2727 and 77-2734.01 do not state a 2026 calendar date.

The Department's PTET FAQ states a 4.55 percent rate for 2026 and 3.99 percent for 2027 and after. Sections 77-2727 and 77-2734.01 tax an electing partnership or electing small business corporation at the highest individual rate in section 77-2715.03. For taxable years beginning on or after January 1, 2026, and before January 1, 2027, section 77-2715.03 sets rate four, the top bracket, at 4.55 percent.

An eligible partnership or S corporation.

Montana

MT

The extended due date of the return. The election cannot be made after that date and is irrevocable.

5.9 percent of an affected owner's distributive share of Montana-source income.

Partnerships and S corporations. Affected owners are individuals, estates, trusts, and pass-through entities owned directly or indirectly by individuals, estates, or trusts.

Missouri

MO

A timely filed Form MO-PTE. The return is due the fifteenth day of the fourth month after the end of the tax year, unless an extension is approved.

The highest rate used to determine individual income tax. The FAQ lists 5.3 percent for 2022, 4.95 percent for 2023, and 4.8 percent for 2024. It does not state the 2026 percentage.

A partnership, including an LLC treated as a partnership, or an S corporation, including an LLC treated as an S corporation, as defined in section 143.436, RSMo.

Mississippi

MS

Any time during the tax year, or by the due date or extended due date of the pass-through entity tax return, or by the date the return is filed, whichever is latest.

Not stated

A partnership, S corporation, or similar pass-through entity. Fiduciaries cannot make the election. The election needs the vote required by the governing documents, or, if those documents are silent, more than 50 percent of the voting control and a vote of any governing body.

Minnesota

MN

The entity's extended due date. For a calendar-year filer the page states September 15, 2026. A late election is not accepted.

PTE taxable income multiplied by the highest Minnesota individual income tax rate. The page says that rate is currently 9.85 percent.

A partnership, an S corporation, or an LLC taxed as a partnership or an S corporation. Qualifying owners who together control more than 50 percent of the portion owned by qualifying owners must choose the election. A qualifying owner is a resident or nonresident individual or estate, or, for an S corporation, a resident or nonresident trust. A partnership, LLC, or corporation is not a qualifying owner.

Michigan

MI

The last day of the ninth month after the tax year ends. September 30 for a calendar-year 2026 election.

4.25%, the section 51 individual income tax rate for the 2026 tax year.

An entity treated as an S corporation or a partnership for federal purposes, other than a publicly traded partnership, a disregarded entity, or a financial institution subject to the corporate income tax franchise tax.

Massachusetts

MA

The timely filed original return, including extensions. The FAQ states April 15 if the entity is a trust and March 15 if it is a partnership or an S corporation.

Chapter 63D: 5 percent of qualified income taxable in Massachusetts at the member level. Chapter 63E: 4 percent of each qualified member's distributive income that is subject to chapter 62 and above the surtax threshold. The 2026 inflation-adjusted threshold on the Department page is $1,107,750.

An S corporation, a partnership, or certain trusts that pass income to beneficiaries. Qualified members are natural persons, estates, and trusts. Members cannot opt out. A corporate partner is not a qualified member.

Maryland

MD

The 2026 Form 510/511D says that for tax years beginning after December 31, 2022, the election must be made with the first filing of the tax year and is irrevocable. The Comptroller's April 13, 2026 tax alert says that for tax year 2026 the Comptroller will ignore an election or nonelection made with the first-quarter estimated payment and will honor the election or nonelection made with the next filing or payment after April 15, 2026. For most pass-through entities that next filing is the second-quarter estimated payment. The alert does not state a calendar date for that second-quarter payment.

The 2026 Form 510/511D says an electing pass-through entity's tax is 6.50 percent, the top marginal state rate, plus 2.25 percent, the lowest local rate, of members' pass-through entity taxable income, and 8.25 percent for entity members. The form and the April 13, 2026 tax alert say that for tax year 2026 the tax is imposed on resident and nonresident shares attributable to Maryland. Tax-General §10-102.1 caps the tax at the members' shares of distributable cash flow and states the rate by cross-reference to §§10-106.1, 10-105(a), and 10-105(b).

Tax-General §10-102.1(a)(7) defines a pass-through entity as an S corporation, a partnership, a limited liability company that is not taxed as a corporation under the title, or a business trust or statutory trust that is not taxed as a corporation. A member is a shareholder of an S corporation, a general or limited partner, a member of a limited liability company, or a beneficiary of a business trust or statutory trust.

Maine

ME

The due date of the return, including any extension. The election is irrevocable after that date.

Pass-through entity taxable income multiplied by the highest marginal rate under 36 M.R.S. section 5111, excluding the income tax surcharge in section 5111, subsection 7. The section does not state a percentage.

A partnership, excluding a publicly traded partnership, or an S corporation. An entity taxed under chapter 819 is not a pass-through entity for this subchapter. A qualified member is an individual, trust, or estate that is a direct owner, other than an organization exempt under IRC section 501.

Louisiana

LA

Not stated

The Department's answer to the PTE-election rate question says that for taxable periods beginning on or after January 1, 2025, the individual income tax rate is a flat 3 percent, and the graduated brackets have been repealed. The FAQ tables label tax years 2025 and after at 3 percent in each bracket.

An S corporation or an entity taxed as a partnership for federal income tax purposes.

Kentucky

KY

The 15th day of the fourth month after the close of the taxable year, or the extended due date if an extension is filed. The election may also be made during the taxable year.

KRS 141.209 imposes the tax under KRS 141.020 on the electing entity, based on ordinary income and separately stated items calculated under KRS 141.206. KRS 141.020 says that for taxable years beginning on or after January 1, 2026, the tax is three and one-half percent (3.5 percent) of net income.

Not stated

Kansas

KS

Not stated

For 2024 and later, the highest rate of tax for that year under K.S.A. 79-32,110(a), applied to the resident and nonresident shares the FAQ describes. The FAQ states 5.58 percent for 2024 and 5.7 percent for 2022 and 2023. It does not state a 2026 percentage.

An S corporation or a partnership. Partnership and S corporation owners are not eligible members. The FAQ says only individual owners are taxed under the election.

Iowa

IA

A separate election is made for each tax year on a form and at a time prescribed by the department. Iowa Code section 422.16C does not state a calendar date. Once made, the election is irrevocable and binds the entity and all partners or shareholders.

The tax equals the rate under Iowa Code section 422.5. Section 422.5 of the 2026 Iowa Code imposes tax at three and eight-tenths percent.

An entity taxed as a partnership or S corporation for federal and Iowa purposes that must file IA 1065 or IA 1120S. A publicly traded partnership and a disregarded entity cannot elect.

Indiana

IN

For 2023 and tax years thereafter, the election may be made at any time during the taxable year or on the entity's timely filed return, including extensions. The FAQ also says you cannot make a PTET election after you have filed your original return, and you are not able to amend your return to elect PTET.

2.95 percent for 2026.

Partnerships, S corporations, and LLCs taxed as a partnership or an S corporation. The election is not available to C corporations, trusts, sole proprietorships, or LLCs taxed as C corporations.

Illinois

IL

On the return, irrevocable after the extended due date. The return is generally due the 15th day of the fourth month after year-end. An automatic six-month filing extension does not extend payment.

4.95 percent of the electing entity's net income.

A partnership other than a publicly traded partnership under IRC 7704, and a subchapter S corporation.

Idaho

ID

The election is the checkbox on the return. Tax is due on or before April 15 for a calendar year, or the fifteenth day of the fourth month after the close of the taxable year. Filing requirements, including extensions, apply.

The corporate rate. The guide does not state a percentage.

A partnership or an S corporation.

Hawaii

HI

Form N-362E is due the 20th day of the fourth month after the close of the taxable year, or the 20th day of the tenth month if an extension is granted. An extension is automatic if the electing entity pays the properly estimated tax.

9 percent for tax year 2024 and later.

A partnership, including an LLC treated as a partnership and excluding a publicly traded partnership, or an S corporation. A single-member LLC can elect only if it is taxed as an S corporation. A qualified member is an individual, trust, or estate. An entity with no qualified members cannot elect.

Georgia

GA

The due date of the return, including extensions.

4.99 percent.

An S corporation or a partnership. Partnerships may elect regardless of ownership for years beginning on or after January 1, 2023. A single-member LLC not taxed as a partnership or an S corporation cannot elect.

Florida

FL

Not applicable.

Not applicable. Florida has no personal income tax.

Not applicable.

District of Columbia

DC

Not applicable.

Not applicable.

Not applicable.

Delaware

DE

Not applicable.

Not applicable.

Not applicable.

Connecticut

CT

The due date, or extended due date, of the return. Form CT-PET is due on or before the fifteenth day of the third month after the close of the taxable year, March 15 for a calendar year, or the next business day when that date falls on a Saturday, Sunday, or legal holiday.

Not stated

A partnership or an S corporation. A partnership includes a general partnership, limited partnership, limited liability partnership, publicly traded partnership, an LLC treated as a partnership, or another entity treated as a partnership.

Colorado

CO

On the return filed under section 39-22-601. Senate Bill 22-124 does not state a calendar date for a year commencing on or after January 1, 2022.

Senate Bill 22-124 amends section 39-22-344 so the tax equals the rate in section 39-22-301 for the applicable income tax year, multiplied by the resident and Colorado-source amounts the section describes. The act does not state the 2026 percentage in section 39-22-301.

An S corporation or a partnership.

California

CA

The timely filed original return. A June 15 prepayment is still required, but for 2026 through 2030 a missed or short payment does not by itself void the election.

9.3 percent of qualified net income.

A qualified entity taxed as a partnership or an S corporation.

Arkansas

AR

The pass-through entity tax is due April 15 for calendar-year filers.

The 2026 estimated-tax worksheet multiplies the income it describes by 3.7 percent and capital gains by 1.85 percent. The Department's pass-through entity page says the rate equals the highest individual income tax rate and that capital gains are taxed at one half of the rate on other income.

A partnership, a Subchapter S corporation, or a limited liability company.

Arizona

AZ

No later than the due date or the extended due date of the partnership return.

The 2026 Form 120/PTE-W instructions state that the PTE tax rate is 2.5 percent of Arizona taxable income. A.R.S. section 43-1014 states that the rate is the highest rate prescribed by section 43-1011.

A business treated as a partnership or an S corporation for federal income tax purposes. The election does not apply to partners or shareholders that are not individuals, estates, or trusts, or to those who opt out.

Alaska

AK

Not applicable.

Not applicable. The Alaska Administrative Manual states the individual income tax was repealed in 1980.

Not applicable.

Alabama

AL

Any time during the tax year before the due date of the applicable income tax return, including extensions.

The tax rate is 5 percent.

An Alabama S corporation, as defined in section 40-18-160, or a Subchapter K entity, as defined in section 40-18-1.