Tax Guides · S Corporations

Should my S Corporation make the NJ BAIT election?

For most profitable New Jersey S Corporations, yes, and especially when the owners earn more than about $500,000. The election moves your New Jersey income tax from your personal return, where the federal SALT cap limits it, to the S Corporation, where it is fully deductible. New Jersey gives you a refundable credit for every dollar the S Corporation pays, so the state side is a wash and the savings are federal. If your income is lower, the larger SALT cap that started with 2025 returns may already cover your state taxes, so run the numbers first.

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How the election works

Since 2018 the federal deduction for state and local taxes has been capped. Starting with 2025 returns the cap is $40,000 ($40,400 for 2026), but it shrinks by 30% of your income over $500,000 ($505,000 for 2026) and is back to $10,000 by about $600,000. For most Bergen County business owners at that income, property taxes alone use up the $10,000.

New Jersey’s Pass-Through Business Alternative Income Tax, or BAIT, is the way around the cap. The S Corporation elects to pay the tax itself. Under IRS Notice 2020-75, a tax paid by the business is a business deduction, not a personal SALT deduction, so the cap does not apply to it. You then claim your share as a refundable credit on your New Jersey return. The federal tax law signed in July 2025 left this in place.

A worked example

Isabella owns all of a New Jersey consulting firm taxed as an S Corporation. She pays herself a $200,000 salary, and the S Corporation earns another $500,000 of profit, all of it in New Jersey. She is married, files jointly and pays $16,000 a year in property taxes on her home.

BAIT on $500,000 of S Corporation profit
5.675% on the first $250,000$14,187.50
6.52% on the next $250,000$16,300.00
BAIT paid by the S Corporation$30,487.50
Refundable credit on Isabella’s NJ-1040($30,487.50)
Federal deduction for the S Corporation$30,487.50
Federal tax saved at 35%$10,670.63

Without the election, Isabella’s income is past the phase-down range, so her SALT cap is $10,000, and her property taxes use all of it. The $30,487.50 of New Jersey income tax on the same profit gets no federal deduction at all. With the election, the full amount comes off the S Corporation’s income before it reaches her federal return. New Jersey comes out even: she pays the same state tax either way, just through the S Corporation. The result is about $10,670 less federal tax for the year.

The example assumes no 20% qualified business income deduction, which is typical for a consulting firm at this income. When a business does take that deduction, the BAIT payment reduces it, and the federal savings run about 20% lower.

When it may not pay

  • Owners under the phase-down. With income under $500,000, you can deduct up to $40,000 of state income and property taxes on your own return. If yours fit under that and you itemize, the election adds less, and it can trim your qualified business income deduction. We run it both ways.
  • No New Jersey S election. Only New Jersey S Corporations can elect. If your company is an S Corporation federally but never filed New Jersey’s CBT-2553, New Jersey taxes it as a C Corporation and it cannot make the election.
  • Owners in other states. A nonresident owner claims the New Jersey credit on an NJ-1040NR, but their home state has to give credit for the tax as well. Check that before electing.
  • Several owners. The S Corporation pays the tax on every owner’s share, and owners with different incomes or home states may not benefit equally. Agree on it before you elect.
  • A loss or a thin year. No profit, no tax, and nothing to deduct.

Timing that matters

  • The election is made online each year by the original due date of the return, March 15 for a calendar-year S Corporation. For 2026, that is March 15, 2027. It cannot be made late, and an extension does not extend it.
  • Estimated payments are due April 15, June 15, September 15 and January 15. The S Corporation deducts BAIT in the year it pays it, so paying the fourth installment by December 31 moves that deduction into the current year. A balance paid with the March return is deducted the next year.
  • Every year is a new decision. You can elect one year and skip the next.

This guide is general information based on the law as of the date above, not advice for your situation. Tax rules change, and the right answer depends on your numbers.

Common questions

Questions people ask.

Is the BAIT election permanent?

No. It is made every year by the original due date of the return. You can elect one year and skip the next.

Can I still elect for 2025?

No. The 2025 deadline has passed, and the election cannot be made late. The 2026 election is due March 15, 2027, and it is worth deciding before December 31, 2026, so payments made this year are deducted this year.

Can my single-member LLC make the election?

Only if it is taxed as an S Corporation. A single-member LLC that files on Schedule C cannot elect. If the profit is large enough to make BAIT worthwhile, it is worth asking whether an S Corporation election makes sense too.

Did the 2025 federal tax law end this?

No. The law signed in July 2025 raised the SALT cap to $40,000, reduced it for incomes over $500,000, and left the deduction for taxes paid by the business in place.

How do I get the credit?

The S Corporation reports each owner's share of the tax on a Schedule PTE-K-1, and you claim it on your NJ-1040. It is refundable, so any amount over your New Jersey tax comes back to you.

Not sure BAIT pays for your S Corporation?

We run it both ways on your actual numbers, before the December 31 payment date. The first consultation is free.