PTETaxDesk / 2026 State PTET & $40k SALT Guides / Georgia HB 149 / SB 56 PTET Guide (2026): 5.39% Flat Entity Tax & Nonresident Owner Rules

Georgia HB 149 / SB 56 PTET Guide (2026): 5.39% Flat Entity Tax & Nonresident Owner Rules

Georgia HB 149 / SB 56 PTET Guide (2026)?

Under O.C.G.A. § 48-7-21, Georgia allows partnerships and S-corporations (including entities with nonresident owners) to elect a 5.39% entity-level tax on Georgia-apportioned income on timely filed Form 600S or Form 700, excluding that income from the owners Georgia individual returns.

Under O.C.G.A. § 48-7-21, Georgia allows partnerships and S-corporations (including entities with nonresident owners) to elect a 5.39% entity-level tax on Georgia-apportioned income on timely filed Form 600S or Form 700, excluding that income from the owners Georgia individual returns.

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2026 PTET & SALT Compliance Checklist

  • Adopt a Written Partner/Shareholder PTET Consent Resolution: Keep signed authorization in your corporate or partnership minute book.
  • Remit Cash-Basis Vouchers Before December 31, 2026: Under IRS Notice 2020-75, cash-basis entities can deduct 2026 PTET only to the extent paid by December 31, 2026.
  • Avoid Overpayment Refunds (IRC § 111): Base your Q4 PTET payment on actual projected 2026 state liability so next year's state refund isn't recaptured as ordinary federal income.

Frequently Asked Questions

Georgia HB 149 / SB 56 PTET Guide (2026)?

Under O.C.G.A. § 48-7-21, Georgia allows partnerships and S-corporations (including entities with nonresident owners) to elect a 5.39% entity-level tax on Georgia-apportioned income on timely filed Form 600S or Form 700, excluding that income from the owners Georgia individual returns.

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