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Latest from McNees Wallace & Nurick LLC

The McNees State and Local Tax Group will be presenting two upcoming webinars.  The first, on Thursday, January 31, 2019 from 12:00 p.m. until 12:45 p.m., will be presented by Randy L. Varner and Paul R. Morcom and will cover reverse audits and how they can help your bottom line.  More information, including instructions to register, can be found here:  https://www.mcneeslaw.com/reverse-audits-prnnsylvania/ The second, covering the Pennsylvania 2019-2020 tax proposals and budget, will be held on Thursday, February 7,…
Posted in Tax
As we have been following on this blog, Governor Wolf announced in January 2018 that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would modify the PMWA’s overtime and minimum wage exemption requirements for executive, administrative, and professional salaried employees.  DLI submitted a proposed rulemaking in June 2018 for new regulations, which included both big increases to the minimum salary requirements…
In an earlier blog post (available here), we discussed how the Commonwealth Court reversed the decision by the Pennsylvania Public Utility Commission (“PUC”) to no longer issue certificates of public convenience to neutral host DAS (i.e. “distributed antenna system”) network operators.  The PUC’s decision was based on its new interpretation of the statutory language which excludes any person or corporation that “furnishes mobile domestic cellular radio telecommunications services” from the general definition of…
On January 8, 2019, in Sales and Use Tax Bulletin 2019-01, the Pennsylvania Department of Revenue has provided nexus guidance in the post-Wayfair environment.  The provisions of the bulletin apply to transactions on or after July 1, 2019. Current Law: The Tax Reform Code requires every person maintaining a place of business in the Commonwealth to sell tangible personal property, or perform taxable services, to be licensed to, and collect, sales tax from its customers. …
Posted in Tax
The federal government shutdown at 12:00 a.m. Saturday, December 22, 2018, as congressional leaders and the White House failed to strike a bipartisan funding deal over the U.S.-Mexico border wall. As of the date of this post, and after very public feuding between the parties, there is still no agreement to resolve the standoff and re-open the federal government. What is the shutdown and what does it mean for employers? When congressional leaders and the White House…
In In Re: Consolidated Appeals of Chester-Upland School District and Chichester School District v. Board of Assessment Appeals of Delaware County, 633 C.D. 2017 (12/27/18), the Commonwealth Court (“Court”) vacated the trial court’s April 27, 2017 Order ruling that Chester-Upland School District and Chichester School District (“Appellants”) may not consider the presence of an outdoor advertising sign on a property when determining its fair market value for the purposes of a real estate tax assessment.…
Posted in Tax
The Internal Revenue Service celebrated New Year’s Eve this year by issuing two rule-making notices of interest to the tax-exempt bond community, on the topics of public approval of private activity bonds and reissuance. The first notice contains final regulations on the public approval requirement of section 147(f) of the Internal Revenue Code, 26 U.S.C. §147(f). You can access a copy of the final regulations here. The final regulations on section 147(f) make several…
In Betters, et. al. v. Beaver County, 152 C.D. 2018 (12/18/18), the Commonwealth Court affirmed the trial court’s determination that Beaver County’s (“County”) base-year method of property valuation violated the Uniformity Clause of Article VIII, Section 1 of the Pennsylvania Constitution and the Consolidated Assessment law and mandated the County to complete a countywide reassessment by 2020. The County appealed the trial court’s order claiming that the trial court erred by refusing to exclude objected-to…
Posted in Tax
As stewards of taxpayer dollars, there are many details that public sector employers must consider when negotiating collective bargaining agreements with their unionized employees.  What are the phases of the collective bargaining process?  Should outside counsel be engaged for some or all of these phases?  How many bargaining sessions will be conducted?  What happens after a tentative agreement has been reached between the employer and the union? The video below addresses these questions, and more. …
We’ll soon provide a post on PennDOT’s I-83 Beltway Construction Project, however, we wanted to make sure none of you missed the opportunity to register to gain even more detailed insight from McNees attorneys Kandice Hull and Dana Chilson during their free webinar on January 30, 2019 from 12:00 – 12:45 PM.  The title of the webinar is “PennDOT’s I-83 Construction Project in the Capital Region:  What Businesses Should Expect, From Compensation to Condemnation” and…