The One Big Beautiful Bill Act (OBBBA) shifts the landscape for
federal income tax deductions for state and local taxes (SALT), albeit
temporarily. If you have high SALT expenses, the changes could significantly
reduce your federal income tax liability. But it requires careful planning to
maximize the benefits — and avoid potential traps that could increase your
effective tax rate.
A little background
Less than a decade ago, eligible SALT expenses were generally
100% deductible on federal income tax returns if an individual itemized
deductions. This provided substantial tax savings to many taxpayers in
locations with higher income or property tax rates (or higher home values).
Beginning in 2018, the Tax Cuts and Jobs Act (TCJA) put a
$10,000 limit on the deduction ($5,000 for married couples filing separately).
This SALT cap was scheduled to expire after 2025.
What's new?
Rather than letting the $10,000 cap expire or immediately making
it permanent, Congress included a provision in the OBBBA that temporarily
quadruples the limit. Beginning in 2025, taxpayers can deduct up to $40,000
($20,000 for separate filers), with 1% increases each subsequent year. Then in
2030, the OBBBA reinstates the $10,000 cap.
While the higher limit is in place, it's reduced for taxpayers
with incomes above a certain level. The allowable deduction drops by 30% of the
amount by which modified adjusted gross income (MAGI) exceeds a threshold
amount. For 2025, the threshold is $500,000; when MAGI reaches $600,000, the
previous $10,000 cap applies. (These amounts are halved for separate filers.)
The MAGI threshold will also increase 1% each year through 2029.
Deductible SALT expenses include property taxes (for homes,
vehicles and boats) and either income tax or sales tax, but not both. If you
live in a state without income taxes or opt for the sales tax route for another
reason, you don't have to save all your receipts for the year and manually
calculate your sales tax; you can use the IRS Sales Tax Deduction Calculator
to determine the amount of sales tax you can claim. (It includes the ability to
add actual sales tax paid on certain big-ticket items, such as a vehicle.) The
increased SALT cap could lead to major tax savings compared with the $10,000
cap. For example, a single taxpayer in the 35% tax bracket with $40,000 in SALT
expenses and MAGI below the threshold amount would save an additional $10,500
[35% × ($40,000 − $10,000)].
The calculation would be different if the taxpayer's MAGI
exceeded the threshold. Let's say MAGI is $560,000, which is $60,000 over the
2025 threshold. The cap would be reduced by $18,000 (30% × $60,000), leaving a
maximum SALT deduction of $22,000 ($40,000 − $18,000). Even reduced, that's
more than twice what would be permitted under the $10,000 cap.
The itemization decision
The SALT deduction is available only to taxpayers who itemize
their deductions. The TCJA nearly doubled the standard deduction. As a result
of that change and the $10,000 SALT cap, the number of taxpayers who itemize
dropped substantially. And, under the OBBBA, the standard deduction is even
higher — for 2025, it's $15,750 for single and separate filers, $23,625 for
heads of household filers, and $31,500 for joint filers.
But the higher SALT cap might make it worthwhile for some
taxpayers who've been claiming the standard deduction post-TCJA to start
itemizing again. Consider, for example, a taxpayer who pays high state income
tax. If that amount combined with other itemized deductions (generally, certain
medical and dental expenses, home mortgage interest, qualified casualty and
theft losses, and charitable contributions) exceeds the applicable standard
deduction, the taxpayer will save more tax by itemizing.
Beware the "SALT torpedo"
Taxpayers whose MAGI falls between $500,000 and $600,000 and who
have large SALT expenses should be aware of what some are calling the "SALT
torpedo." As your income climbs into this range, you don't just add income. You
also lose part of the SALT deduction, increasing your taxable income further.
Let's say your MAGI is $600,000, you have $40,000 in SALT
expenses and you have $35,000 in other itemized deductions. The $100,000
increase in income from $500,000 actually raises your taxable income by
$130,000:
MAGI |
$500,000 |
$600,000 |
SALT deduction |
$40,000 |
$10,000 |
Other itemized deductions |
$35,000 |
$35,000 |
Total itemized deductions |
$75,000 |
$45,000 |
Taxable income |
$425,000 |
$555,000 |
At a marginal tax rate of 35%, you'll pay $45,500 (35% ×
$130,000) in additional taxes, for an effective tax rate of 45.5%.
In this scenario, even with your SALT deduction reduced to
$10,000, you'd benefit from itemizing. But if your $10,000 SALT deduction plus
your other itemized deductions didn't exceed your standard deduction, the
standard deduction would save you more tax.
Tax planning tips
Your MAGI plays a large role in the amount of your SALT
deduction. If it's nearing the threshold that would reduce your deduction or
already over it, you can take steps to stay out of the danger zone. For
example, you could make or increase (up to applicable limits) pre-tax 401(k)
plan and Health Savings Account contributions to reduce your MAGI. If you're
self-employed, you may be able to set up or increase contributions to a
retirement plan that allows you to make even larger contributions than you could
as an employee, which also would reduce your MAGI.
Likewise, you want to avoid moves that increase your MAGI, like
Roth IRA conversions, nonrequired traditional retirement plan distributions and
asset sales that result in large capital gains. Bonuses, deferred compensation
and equity compensation could push you over the MAGI threshold, too. Exchange-traded
funds may be preferable to mutual funds because they don't make annual
distributions.
At the same time, because the higher cap is temporary, you may
want to try to maximize the SALT deduction every year it's available. If your
SALT expenses are less than $40,000 and your MAGI is below the reduction
threshold for 2025, for example, you might pre-pay your 2026 property tax bill
this year. (This assumes the amount has been assessed — you can't pre-pay based
only on your estimate.)
Uncertainty over PTETs
In response to the TCJA's $10,000 SALT cap, 36 states enacted
pass-through entity tax (PTET) laws to help the owners of pass-through
entities, who tend to pay greater amounts of state income tax. The laws vary
but typically allow these businesses to pay state income tax at the entity
level, where an unlimited amount can be deducted as a business expense, rather
than at the owner level, where a deduction would be limited by the
SALT cap.
The OBBBA preserves these PTET workarounds, and PTET elections
may remain worthwhile for some pass-through entities. An election could reduce
an owner's share of self-employment income or allow an owner to take the
standard deduction.
Bear in mind, though, that some states' PTET laws are scheduled
to expire after 2025, when the TCJA's $10,000 cap was set to expire absent
congressional action. There's no guarantee these states will renew their PTETs
in their current form, or at all.
SALT deduction and the AMT
It's worth noting that SALT expenses aren't deductible for
purposes of the alternative minimum tax (AMT). A hefty SALT deduction could
have the unintended effect of triggering the AMT, particularly after 2025.
Individual taxpayers are required to calculate their tax
liability under both the regular federal income tax and the AMT and pay the
higher amount. Your AMT liability generally is calculated by adding back about
two dozen "preference and adjustment items" to your regular taxable income,
including the SALT deduction.
The TCJA increased the AMT exemption amounts, as well as the
income levels for the phaseout of the exemptions. For 2025, the exemption
amount for singles and heads of households is $88,100; it begins to phase out
when AMT income reaches $626,350. For joint filers for 2025, the exemption
amount is $137,000 and begins to phase out at $1,252,700 of AMT income.
The OBBBA makes these higher exemptions permanent, but for joint
filers it sets the phaseout threshold back to its lower 2018 level beginning in
2026 — $1 million, adjusted annually for inflation going forward. (It
doesn't call for this change for other filers, which might be a drafting error.
A technical correction could be released that would also return the phaseout
thresholds to 2018 levels for other filers.)
The OBBBA also doubles the rate at which the exemptions phase
out. These changes could make high-income taxpayers more vulnerable to the AMT,
especially if they have large SALT deductions.
Navigating new ground
The OBBBA's changes to the SALT deduction cap, and other
individual tax provisions, may require you to revise your tax planning. We can
help you chart the best course to minimize your tax liability.