Corporate Taxes, PA Supreme Court

No loss: Stricken by the Pennsylvania Supreme Court, the NOL deduction nevertheless is allowed

Eversheds Sutherland (US) LLP on 1/7/2022

In General Motors Corporation v. Commonwealth, the Pennsylvania Supreme Court held that the state’s prior flat $2 million cap on a corporate taxpayer’s net operating loss (NOL) deduction violated the state constitution’s...more

Pa. Supreme Court Decision May Materially Shorten Time for Filing Tax Refund Claims

Ballard Spahr LLP on 12/5/2017

Pennsylvania taxpayers should be aware of the recent decision by the Pennsylvania Supreme Court in Mission Funding Alpha v. Commonwealth, in which the court held that a refund claim is timely only if it is filed within three...more

Pennsylvania Supreme Court Declares $3,000,000 Net Loss Carryover Deduction Unconstitutional

Tucker Arensberg, P.C. on 11/7/2017

On October 18, 2017 the Pennsylvania Supreme handed down its decision in Nextel Communications of the Mid Atlantic v. Commonwealth of Pennsylvania No. 6 EAP 2016. The tax provision at issue gave taxpayers with a net...more

Pennsylvania Supreme Court Declares Dollar-Based NOL Cap Unconstitutional

Ballard Spahr LLP on 10/27/2017

In a unanimous decision in Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth, the Pennsylvania Supreme Court affirmed the Commonwealth Court's holding that Pennsylvania's dollar-based cap on corporate net income...more

Pennsylvania Supreme Court Finds Flat-Dollar NOL Cap Unconstitutional, But Upholds Percentage Cap

Eversheds Sutherland (US) LLP on 10/19/2017

The Pennsylvania Supreme Court held that the state’s flat $3 million cap on net operating loss (NOL) carryforwards violates the state constitution’s Uniformity Clause. Unlike the lower court, however, the Supreme Court left...more

PA Commonwealth Court Holds NOL Tax Deduction Cap is Unconstitutional, Creating Potential Refund Opportunities

Ballard Spahr LLP on 12/7/2015

The Pennsylvania Commonwealth Court unanimously held in a 7-0 decision that Pennsylvania's net operating loss (NOL) cap that limits a corporation's ability to deduct NOL carryforwards for corporate net income tax (CNIT)...more