Wednesday, August 8, 2018
A growing number of states are considering or enacting state laws designed to counteract the Tax Cuts and Jobs Act’s $10,000 cap on the federal state and local tax deduction. These state workarounds appear technically functional at first glance but run into a deeper problem on further examination: they may be preempted as frustrating the objectives of Congress. This essay explores the case for and against preemption of these workarounds. The states’ frontal attack on the state and local tax deduction cap may prove the key to their demise, even though the states are exercising basic state powers which the courts have been loath to preempt.