SALT Blog 

Stay current with the latest developments in state and local tax law through our comprehensive SALT Insights newsletter. This publication features in-depth analysis of key tax cases, regulatory updates, and expert perspectives from our tax professionals. Our newsletter covers critical topics including tax rulings, sourcing updates, and emerging trends that impact businesses and tax practitioners. Readers can expect timely coverage of significant court decisions, legislative changes, and practical guidance for navigating complex state and local tax matters. Keep ...

In a win for a New Jersey couple, the New Jersey Tax Court concluded 2024 with a declaration that the couple’s Internal Revue Code (IRC) Section 965 income is not taxable as dividends for purposes of the New Jersey Gross Income Tax (GIT) Act.[1] On December 31, 2024, in a published opinion, the court granted the taxpayer’s summary judgment motion and held that the taxpayers’ undistributed earnings from certain controlled foreign corporations (CFCs), which were reported on their federal Form 1040 as Subpart F income, were not includible as dividends under the plain meaning of ...

The recent Pennsylvania Supreme Court decision in Alcatel-Lucent USA, Inc. v. Commonwealth[1] has generated widespread attention and debate concerning the retroactive or prospective application of legal principles. This blog article will discuss the recent decision and its likely impacts.

Majority Rule: Prospective Relief

            During 2014, Pennsylvania law permitted taxpayers to take a net loss carryover deduction of the greater of 25 percent of income or $4 million. Thus, taxpayers with Pennsylvania taxable income below the $4 million cap could deduct their losses, reducing ...

On July 11, 2024, Governor Josh Shapiro signed into law a $47.6 billion budget for the 2024-2025 fiscal year. The new budget includes significant tax reform in an attempt to address some of the financial issues facing Pennsylvania residents and businesses.  

First, the budget includes some important, business-friendly changes.  The Net Operating Loss (“NOL”) deduction limitation will increase by 10% over four years. For tax year 2024, the NOL carryforward deduction is limited to 40% of a corporation’s taxable income. However, beginning January 1, 2026, the NOL deduction ...

By Pete Lowy & Nga Tran-Medina

The officiant at your wedding probably didn’t conclude with: “I now pronounce you eligible to pay more in federal income taxes now that you’re husband and wife” (unless perhaps a Tax Court judge presided over your nuptials).  But maybe they should have.  It’s well known that married couples pay a “marriage penalty” – a general term for the various Code provisions and tax computations that make the total tax liability of spouses more than the sum of their individual tax liabilities if they had been allowed to file as being single.  

These ...

In every taxing jurisdiction in the United States, tax authorities may assert penalties if a taxpayer commits fraud.  This Blawg entry focuses on the Texas Comptroller’s view of its authority to impose fraud penalties, and considerations for taxpayers when seeking to fight fraud penalties that the Comptroller asserts.

Texas Tax Code § 111.061 authorizes the Texas Comptroller to impose a penalty in the amount of 50% of any underlying tax liability if the failure to pay the underlying tax or report such tax when due “was a result of fraud or an intent to evade the tax.”  This legal ...

On Friday, June 30, New Jersey lawmakers approved the state’s budget and enacted new legislation that would overhaul several provisions of the corporate tax system. The $54.3 billion budget was approved closely along party lines with contention, while the new provisions of the corporate tax system were approved unanimously without debate.

2024 Budget

Significant tax changes were made in the 2024 budget to help increase affordability for working and middle class families. One of the major programs that will receive funding through the new budget is the property tax relief ...

Real estate assessment appeal deadlines are quickly approaching in Pennsylvania for 2024 assessed values.  Taxpayers should review their assessed values and determine whether an appeal is appropriate.  The following is a list of upcoming appeal deadlines for 2024 assessments for each county:

• August 1^st: Adams, Bucks, Butler, Cambria, Chester, Dauphin, Erie, Fayette, Franklin, Indiana,  Lackawanna, Lancaster, Lawrence, Lehigh, Luzerne, Monroe, Montgomery, Northampton and York
• August 15^th: Berks
• August 31^st: Wyoming
• September 1^st: Armstrong, Bedford, Blair, Bradford ...

On February 28, 2023, the Pennsylvania Supreme Court issued its evenly divided opinions in GM Berkshire Hills LLC v. Berks County Board of Assessment Appeals, 16 MAP 2022 (“Berkshire”).  In Berkshire, the Wilson School District (“WSD” or “school district”) adopted a policy of appealing recently sold properties that were potentially underassessed by at least $150,000. The Pennsylvania Supreme Court granted cert, agreeing to review two issues:

• whether the school district’s selective real estate tax assessment appeals violate the uniformity clause when the ...

The Pennsylvania Supreme Court issued its long-awaited decision in Synthes v. Commonwealth of Pennsylvania, 11 MAP 2021, a closely watched case dealing with differing interpretations of Pennsylvania’s costs of performance (“COP”) statute, which ultimately had the Department of Revenue (“DOR”) and the Office of Attorney General (“OAG”) on opposite sides. 

Prior to 2014, the statute required services to be sourced to the location of the “income-producing activity.”  Where the income-producing activity occurred both within and without Pennsylvania ...