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Judge dismisses states’ challenge to SALT deduction limit

July 27, 2019

Salt spilled

We're halfway through the second year of the Tax Cuts and Jobs Act (TCJA) and its effects, pro and con, are still being debated.

Some of those disputes will play out in court, like the latest challenge to the tax reform law's limits on federal tax deductions for state and local taxes (SALT).

This latest SALT legal action, brought by New Jersey, New York and Connecticut, was prompted by Treasury's and the Internal Revenue Service's regulation, finalized last month, that effectively guts the charitable workarounds these states had created to provide their residents full federal tax benefit of their state tax payments.

A lawsuit filed last year by these three states plus Maryland challenging the $10,000 SALT cap itself is pending was dismissed on Sept. 30 by a federal judge.

The states had argued that the TCJA's limit on the SALT deduction was "an unconstitutional assault on states’ sovereign choices."

U.S. District Judge J. Paul Oetken in Manhattan was not persuaded. In tossing the lawsuit, Oetken said the plaintiff states ultimately failed to show that the SALT cap was unconstitutionally coercive or that it imposed on their own sovereign rights.

SALT effects nationwide: By now, taxpayers across the country are well aware of the TCJA's SALT limits.

In most cases, the complaints are coming from states like those involved in SALT litigation, where high income and property taxes prevent residents from claiming all their taxes on their federal Schedule A itemized taxes form.

So just how much does your state and more local jurisdictions collect in taxes? This week's Saturday Shout Out gives you an idea.

The Tax Foundation's map below gives you an idea of state rankings as far as individual income taxes.

State and local income tax USA per capital_The Tax Foundation

It shows combined state and local individual income tax collections per capita in fiscal year 2016 for each state.

Since this map by the Washington, D.C.-based tax policy nonprofit examines only income taxes, my native and current state of residence, Texas, is not included.

The Lone Star State is one of seven that don't collect an individual income tax. The others are Alaska, Florida, Nevada, South Dakota, Washington and Wyoming.

Two other states, New Hampshire and Tennessee, tax investment income but not wage income. By 2021, Tennessee will be in the no income tax at all group, as its Hall Tax on investment earnings is being phased out and will end by then.

Property tax deduction problem, too: While income taxes obviously account for the largest amount of SALT across the country, there are places in even no-income-tax states where property values translate to steep local real estate taxes.

And, yes, The Tax Foundation has a map for that, too.

Homeowner complaints about the state's reliance on property taxes has t's been a major focus of Texas lawmakers during the legislature's last two sessions.

Before you shoot off your email, I'm well aware that the now-limited higher state taxes, be they from income and/or property, tend to be assessed wealthier taxpayers. That's why they were targeted in the creation of the TCJA limit.

And I totally realize that's is hard to generate much sympathy for those lamenting large local tax bills when they are paid very well and/or own a mini mansion.

But it's also worth noting that tax ramifications, both projected and unintended, are why it's always so hard to make major tax changes and why there will always be complaints when they finally are enacted.

You also might find these items of interest:

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It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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