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Wisconsin Pass-Through Entity Tax: Everything You Need To Know

Wisconsin Pass-Through Entity Tax: Everything You Need To Know

Taxes for business owners can be overwhelming, and understanding the Wisconsin Pass-Through Entity Tax (PTET) only adds to the challenge. In this guide, we’ll walk you through every aspect of PTET, from what it is and who should consider it, to the benefits and challenges it presents. We’ll also explain how to elect this tax option under Wisconsin law. 

What is the Wisconsin Pass-Through Entity Tax?

The Wisconsin Pass-Through Entity Tax (PTET) offers a strategic avenue for business owners to optimize their tax situation. This tax option is specifically designed for pass-through entities, where business income is not subjected to corporate tax but is instead passed directly to the owners.

Pass-through entities, including partnerships, LLCs, and S corporations, typically report their income on the individual tax returns of their owners, thereby avoiding corporate-level taxation. However, under the PTET framework, these businesses can elect to pay state taxes at the entity level. This shift allows the business to claim these taxes as deductions on federal returns, which can effectively lower the overall federal tax burden.

Put another way, unlike C corporations, which endure double taxation—once on their profits and again when dividends are paid out—pass-through entities under PTET experience only a single layer of taxation. The income is taxed at the entity level and then flows through to the owners, who can also apply any business losses against their personal income. This dual benefit simplifies the tax process and can result in significant tax savings.

Opting for PTET enables Wisconsin business owners to strategically manage their tax obligations, leveraging a system that reduces complexity and aligns with both state and federal tax advantages. This approach can provide a more efficient and financially beneficial path for handling business taxes.

Qualifying for Wisconsin’s Pass-Through Entity Tax (PTET)

Determining if your business is eligible for Wisconsin’s Pass-Through Entity Tax (PTET) can seem daunting, but with a clear understanding of the criteria, it becomes manageable. Here’s a comprehensive guide to help you navigate the requirements:

Qualifying Pass-Through Status: To qualify, your business must be recognized as a pass-through entity. This means that the business’s income, losses, and deductions are reported on the personal tax returns of its owners. Entities such as S corporations, sole proprietorships, partnerships, and LLCs treated as partnerships for tax purposes fall under this category.1

Ownership Approval: For an LLC or partnership to opt into PTET, consent must be obtained from owners holding over 50 percent of the capital and profit interests. Similarly, in an S corporation, shareholders owning more than half of the shares must approve the election.2 This majority approval is crucial for the election to be valid.

Timely Election Submission: The decision to elect PTET must be filed with the Wisconsin Department of Revenue by the proper due date. This involves completing and submitting the appropriate forms to declare your intent. Missing this deadline can result in additional costs and penalties.

Benefits of the Wisconsin Pass-Through Entity Tax

Wisconsin’s Pass-Through Entity Tax (PTET) offers a range of benefits that can simplify and optimize your business’s tax strategy. Here’s an overview of the advantages:

Single-Level Taxation: Say goodbye to the double taxation woes of C corporations, where earnings are taxed initially at the corporate level and then a second time when they are distributed as dividends to the business’ shareholders. With PTET, your business’s income is taxed just once at the entity level, sparing you from the additional tax hit on dividends.

Overcoming the SALT Deduction Limit: To counteract the federal SALT deduction cap, Wisconsin and other states introduced Pass-Through Entity Tax (PTET) laws. These laws allow pass-through businesses to pay state taxes at the business level, making them fully deductible on federal returns. Consequently, business owners receive state tax credits to offset their individual liabilities, preserving full state tax deductibility and offering potential tax benefits.3

Taking Advantage of the QBI Deduction: The Tax Cuts and Jobs Act introduced the Qualified Business Income (QBI) deduction, which lets eligible pass-through businesses deduct up to 20% of their qualified income. While the QBI deduction comes with complex rules and limitations, opting for PTET can help you better position your business to qualify for this valuable tax break.4

Strategic Flexibility in Tax Planning: One of the standout benefits of PTET is the flexibility it offers in tax planning. This tax structure allows businesses to align their tax strategies seamlessly with state and federal regulations, making compliance more straightforward. This flexibility supports strategic planning, helping businesses maximize their tax benefits and secure a robust framework for long-term financial stability.

Potential Challenges and Considerations

While the Wisconsin Pass-Through Entity Tax (PTET) promises many benefits, it’s essential to tread carefully and consider potential pitfalls. Here’s what you need to be mindful of:

Added complexity and administrative burden: Opting for PTET can introduce a layer of complexity to your tax situation. The process may involve intricate paperwork and an in-depth understanding of tax regulations. This added complexity can lead to higher administrative costs and more time spent managing tax filings.

Impact on cash flow: Choosing PTET can alter your business’s financial dynamics. This shift can impact your cash flow, especially if the income of your business fluctuates.

Challenges for Multi-State Operations: For businesses operating in multiple states, PTET management becomes increasingly complex. Each state has unique tax rates, credit provisions, and eligibility rules. Furthermore, not all states offer tax credits for PTET paid in other states, which could result in double taxation. A thorough analysis of tax implications across all states of operation is essential.3

Implications for Self-Employment Taxes: Although pass-through entities bypass corporate taxes, their owners might still face self-employment taxes, which can add to their overall tax burden. This needs to be considered in the broader tax strategy when electing PTET.3

Potential for Increased State Taxes: Choosing PTET may result in a higher state tax bill. Unlike progressive personal income tax rates, many states impose a flat rate on pass-through entities. Consequently, business income might be taxed at a single, possibly higher rate, which could elevate the overall state tax liability.3

How to Elect the Wisconsin Pass-Through Entity Tax

Embarking on the journey to elect the Wisconsin Pass-Through Entity Tax (PTET) can feel overwhelming, but with the right steps, it becomes manageable. Here’s how to navigate this process:

Confirm eligibility and complete the proper paperwork: Begin by confirming your business’s eligibility. This is your foundation. Once you’re sure your business meets the criteria, the next step is to officially make your election. This involves submitting the necessary paperwork, which you can learn more about here. Accuracy is key—ensure all details are correct to avoid any setbacks.

Adhere to key deadlines and filing requirements: Timing is everything in this process. According to the Wisconsin Department of Revenue, “The election must be made annually on or before the extended due date of the Wisconsin Form 3. The election is made on the day the Form 3 is filed.” 5 Additionally, you must adhere to ongoing filing requirements to keep your election in good standing. 

Maintain proper records: Proper documentation is vital. Besides the initial election form, maintain meticulous records of your entity’s financial activities. This includes tracking income, expenses, and taxes paid. Keeping thorough records ensures compliance and simplifies reporting each taxable year.

Get professional guidance: The PTET process can be tricky, and having a professional by your side can make all the difference. A financial advisor and tax professional can offer personalized advice, assist with form completion, help you meet all deadlines, and make sure you understand the short and long-term tax consequences of this decision. 

Wisconsin Pass-Through Entity Tax FAQs

Facing tax decisions can be overwhelming, especially when navigating the specifics of the Wisconsin Pass-Through Entity Tax (PTET). Here are some questions to help guide you through:

1. How is a pass-through entity taxed?

Under PTET, the entity itself handles the tax, not the individual owners. This means the tax burden shifts from personal returns to the business. This shift can help manage federal tax obligations more efficiently by utilizing deductions that might be restricted on personal returns.

2. What is the consequence of being a tax pass-through entity?

Choosing PTET means the entity takes on the tax responsibility. This can simplify the tax process for owners and provide federal tax savings. However, it requires careful record-keeping and compliance with state regulations to ensure the election remains beneficial and valid.

3. How to elect PTE in Wisconsin?

To elect PTET, you must submit the necessary forms to the Wisconsin Department of Revenue. Making sure all forms are accurately filled out in a timely manner is necessary for a successful election.

Let Us Help You Navigate The Wisconsin Pass-Through Entity Tax

Understanding the Wisconsin Pass-Through Entity Tax (PTET) can feel overwhelming, especially when you’re already managing the complexities of running a business. Our team of financial professionals is here to guide you through this intricate process, helping you make the best decisions for your business’s future.

We’ve explored the essence of PTET, identifying who should consider it, its benefits, potential challenges, and the steps to elect it. By now, you have a clearer picture of how PTET might fit into your business strategy. The promise of tax savings, the ability to navigate around the federal SALT deduction cap, and the strategic advantages of paying taxes at the entity level are huge potential upsides.

That said, electing PTET is more than just a financial decision; it’s a strategic move with lasting implications. It’s important to make sure you’re aligning your tax strategy with your business goals under Wisconsin law, and you don’t have to go through this alone! 

Our advisors are here to help you understand every facet of PTET and how it applies to your unique situation. With our expertise, you can navigate this decision with confidence. Reach out to us today to schedule an introductory call and take the first step towards optimizing your tax strategy and securing your business’s financial health.

Sources:

  1. https://docs.legis.wisconsin.gov/code/register/2020/774a1/register/guidance_documents/department_of_revenue_tax/public_notice_pass_through_entity_withholding_common_questions.pdf
  2. https://www.bdo.com/insights/tax/wisconsin-enacts-election-permitting-pass-through-entities-to-be-taxed-at-the-entity-level
  3. https://www.kitces.com/blog/pass-through-entity-tax-ptet-salt-deduction-cap-partnership-s-corp-llc/
  4. https://www.legalzoom.com/articles/what-are-the-benefits-of-pass-through-taxation
  5. https://www.revenue.wi.gov/Pages/FAQS/ise-passthrough-general.aspx
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More About the Author: Sheena Hanson

Sheena is a highly regarded financial professional known for her clear explanations and practical advice on complex financial matters. She earned her CERTIFIED FINANCIAL PLANNER™️ designation in 2010 and holds a Bachelor of Science degree in Finance from the University of Wisconsin LaCrosse.