Pennsylvania DOR Releases Draft Market-Sourcing Guidelines

On June 16, the Department of Revenue released draft guidance on applying Pennsylvania’s new market-based, sales factor sourcing legislation that was signed into law in July 2013.* The new market-sourcing legislation is effective for tax years beginning on or after January 1, 2014. Because Pennsylvania’s apportionment formula is now based entirely on the sales factor, understanding the recent changes to the sourcing rules is essential.

The new market-sourcing rules apply to receipts from: (i) services; (ii) sales, leases and rentals of real property; and (iii) rentals, leases and licenses of tangible personal property. The Department’s draft guidelines further explain the new rules for sourcing services and provide several examples applying these rules to specific services and specific industries. The draft also includes some guidance on the Department’s interpretation of the “cost of performance” sourcing rule, which continues to apply to receipts from intangibles.

Click here for the Department’s June 16 draft guidance. The Department is currently accepting comments.

 


* See our July 2013 Pennsylvania Update for a more in-depth discussion of that legislation.

 

Topics:  Department of Revenue, New Legislation, Tax Rates

Published In: General Business Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Reed Smith | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »