Elective Tax for PTE and Credit for Owners

For taxable years beginning on or after January 1, 2021, and before January 1, 2026, California law allows an entity taxed as a partnership or an "S" corporation to annually elect to pay an elective tax at a rate of 9.3% based on its qualified net income (QNI). The election shall be made on an original, timely filed return and is irrevocable for the taxable year.

The law allows a credit against the personal income tax to a taxpayer, other than a partnership, that is a partner, shareholder, or member of a qualified entity that elects to pay the elective tax, in an amount equal to 9.3% of the partner’s, shareholder's, or member's pro rata share or distributive share and guaranteed payments of QNI subject to the election made by the qualified entity. Generally, a disregarded business entity and its partners or members cannot receive the credit, except for a disregarded single member limited liability company (SMLLC) that is owned by an individual, fiduciary, estate, or trust subject to personal income tax. For more information, go to ftb.ca.gov and search for pte elective tax and get the following PTE elective tax forms and instructions:

Form FTB 3893, Pass-Through Entity Elective Tax Payment Voucher

Form FTB 3804, Pass-Through Entity Elective Tax Calculation

Form FTB 3804-CR, Pass-Through Entity Elective Tax Credit

This credit can reduce regular tax below the tentative minimum tax (TMT).