Precursor A deduction on state and local taxes predates the establishment of the permanent federal income tax instituted by the
Revenue Act of 1913. To help fund the
Civil War effort, President
Abraham Lincoln signed the
Revenue Act of 1862, which established a temporary income tax. This Civil War-era income tax was repealed in 1871. A federal income tax was again
introduced in 1894, and again included deductions for state and local taxes, but in 1895 the
Supreme Court ruled the income tax unconstitutional in ''
Pollock v. Farmers' Loan & Trust Co.''
Creation: Revenue Act of 1913 The first permanent income tax was established by the
Revenue Act of 1913, after the ratification of the
Sixteenth Amendment to the United States Constitution earlier that year. A deduction for state and local taxes, as well as for national taxes, was included in the Revenue Act. The bill also increased the
standard deduction, which significantly reduced the number of taxpayers who claim the SALT deduction. As a result of the bill, the cost of the SALT deduction decreased from $104 billion in 2017 to $10.4 billion in 2019. In January 2018, the states of
New York,
New Jersey and
Connecticut (whose wealthy residents benefit disproportionately from the SALT deduction) sued the federal government over the constitutionality of the SALT cap, arguing that it unfairly restricts their ability to pursue their own preferred tax policies. In October 2019, a federal court dismissed the suit; appeal was declined by the
Supreme Court on April 18, 2022.
Build Back Better Act In July 2021, House Representative
Tom Suozzi and
Senate majority leader Chuck Schumer, both Democrats from New York, pushed legislation in the
U.S. House of Representatives to repeal the deduction limit. In April 2021, as the
Build Back Better Act was being debated in the House, a bipartisan group of House lawmakers formed the "SALT caucus" to advocate for the repeal of the $10,000 limit on the state and local tax deduction. They later threatened to block the bill if a raise on the SALT deduction was not included. Ultimately, the version of the Build Back Better Act that the House passed on November 19, 2021, would have increased the SALT deduction cap to $80,000 until 2030, after which the increase would expire.
Jared Golden was the only Democrat to vote against the act, because of his opposition to benefiting high-income taxpayers by raising the cap. The Build Back Better Act stalled in the
Senate. The
Tax Policy Center concluded that more than 96% of the tax cut from raising the deduction cap to $80,000 would go to the highest-income 20% of households.
One Big Beautiful Bill Act The One Big Beautiful Bill Act, signed into law by President
Donald Trump, increased the total SALT deduction to $40,000 for taxpayers making less than $500,000, with the cap reverting to the previous limit of $10,000 after five years. == Support ==