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Understanding the PTE Deduction & Election Strategy for SC Taxpayers

Pass-Through Business Income Deduction (QBI Deduction)

From 2018 through 2025, the Tax Cuts and Jobs Act (TCJA) allowed individuals to deduct up to 20% of qualified business income (QBI) from certain pass-through businesses. With the recent passage of the One Big Beautiful Bill, this provision of the TCJA was preserved.

WHO QUALIFIES?

  • Sole proprietorships
  • Partnerships
  • S Corps
  • LLCs taxed as sole proprietorships or partnerships

 

Pass-Through Entity (PTE) Tax Election – State Level Strategy

Some states, like SC, allow partnerships and S corps to pay state income taxes at the entity level instead of the owner level.

WHY THIS MATTERS:

  • By paying the state tax at the entity level, the business gets a federal deduction, which reduces its taxable income passed through to owners, thereby reducing their federal tax liability.
  • When filing as an S corp, the business owner will not be subject to selfemployment tax on their share of the S corp’s income. The S corp’s income, gains, losses, and deductions are passed on to shareholders.
  • Eligible business owners can withhold making quarterly estimated payments and purchase state tax credits instead.

 

South Carolina PTE Tax Rules

Revenue Ruling SC 21-15: Explains which entities/trusts can elect PTE taxation in SC.

  • Personal Service Corporations (e.g., law firms, medical practices) cannot elect PTE in SC, although other states may allow it.
  • Active Trade of Business Corporations can elect in PTE in SC. Examples include, but are not limited to, retail stores, manufacturing companies, auto dealers, HVAC/plumbing providers, or restaurants or food service.

 

Revenue Ruling SC 22-5: Provides further clarification of the PTE election rules.

 

Federal Deductibility of PTE Taxes (PTET Deduction)

Under IRS Notice 2020-75, businesses that elect to pay state income tax at the entity level can deduct that amount on their federal tax return.