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11/10/2020

Treasury and IRS to Issue Proposed Regulations Clarifying that Businesses Structured as Pass Through Entities May D…

Treasury and IRS to Issue Proposed Regulations Clarifying that
Businesses Structured as Pass Through Entities May Deduct
Certain State and Local Income Taxes Similar to C Corporations
November 9, 2020

WASHINGTON – Today the U.S. Treasury Department and Internal Revenue Service (IRS)
released a notice

regarding proposed regulations that will clarify that State and local

income taxes imposed on and paid by a pass-through entity are allowed as a deduction by
the pass-through entity in computing its non-separately stated taxable income or loss for
the taxable year of payment. The notice is consistent with the longstanding position of the
Treasury Department and IRS.
The forthcoming proposed regulations will apply to these types of income taxes starting
today, and will also allow taxpayers to elect to apply the rules described in the notice

to

specified income taxes paid in a taxable year of a pass-through entity ending a er December
31, 2017, and before the date the forthcoming proposed regulations are published in the
Federal Register.
“The Department of the Treasury and IRS are taking the necessary steps to provide fairness
for America’s small businesses,” said Secretary Steven T. Mnuchin. “These proposed
regulations will o er clarity for individual owners of pass-through entities.”
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https://home.treasury.gov/news/press-releases/sm1179

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