Stephen P. Kranz
Subscribe to Stephen P. Kranz's PostsStephen (Steve) P. Kranz is a tax lawyer who solves tax problems differently. Over the course of his extensive career, Steve has acquired specific skills and developed a unique approach that helps clients develop and implement holistic solutions to all varieties of tax problems. He combines strategic thinking with effective skills for the courtroom, the statehouse and the conference room. Read Stephen Kranz's full bio.
Pennsylvania Supreme Court Rules Coupon Amounts Are Not Subtracted from Sales Tax Base Unless Sales Receipt Adequately Describes Taxable Item and Coupon
By Stephen P. Kranz and Michael J. Hilkin on Feb 24, 2023
Posted In Audits, Local Tax, Pennsylvania, Sales Tax, Tax Base, Transaction Taxes
Overturning a 6-1 en banc decision by the Pennsylvania Commonwealth Court, the Pennsylvania Supreme Court held that a coupon does not reduce the price upon which sales tax must be collected unless the coupon is adequately described and “linked” with the taxable item in accordance with Pennsylvania Department of Revenue (DOR) regulations. The case was...
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Tax That DC?!?! FCA Suit on Residency Brings Business Intelligence Company into the Crosshairs
By Eric D. Carstens, Stephen P. Kranz, Michael J. Hilkin and Diann Smith on Sep 2, 2022
Posted In Constitutional Issues, District of Columbia, False Claims Act, Income Tax, Local Tax, Nationwide Importance, Tax Base
For the first time since the enactment of the False Claims Amendment Act of 2020, the DC Attorney General’s (AG’s) Office has used its new tax enforcement powers to pursue an alleged personal income tax deficiency. This development brings to the forefront a long-simmering constitutional problem with DC’s statutory residency law and offers a stern...
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Fatally Flawed? Illinois Municipal League’s Model Streaming Subscription Tax
By Stephen P. Kranz, Mark Nebergall, Catherine A. Battin and Jonathan C. Hague on Aug 24, 2022
Posted In Illinois, Local Tax, Nationwide Importance
The Illinois Municipal League (IML) represents the interests of 219 home rule municipalities in Illinois.[1] The IML recently released a revised draft model, “Municipal Streaming Tax Ordinance,” (the model) for use by the home rule municipalities in imposing an “amusement tax” on, inter alia, music and video streaming services and online gaming.[2] If the subscriber’s...
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New Mexico Proposes Regulations Addressing Gross Receipts Tax Treatment of Digital Advertising Services
By Eric D. Carstens, Stephen P. Kranz, Michael J. Hilkin, Mark Nebergall and Jonathan C. Hague on Aug 11, 2022
Posted In Allocation/Apportionment, Constitutional Issues, Local Tax, Nationwide Importance, New Mexico, Sales Tax, Tax Base, Transaction Taxes
On August 9, 2022, the New Mexico Taxation and Revenue Department published proposed regulations addressing the gross receipts tax (New Mexico’s version of a sales tax) treatment of digital advertising services. The Department states the proposed regulations do not reflect a change in policy but instead ensure the rules are consistent for all advertising platforms....
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Pennsylvania Cuts Corporate Tax Rate, Makes Other Changes to Corporate Tax Law
By Stephen P. Kranz and Michael J. Hilkin on Jul 14, 2022
Posted In Federal Tax, Income Tax, Local Tax, Nationwide Importance, Nexus, Pennsylvania
Pennsylvania Governor Tom Wolf has signed into law omnibus tax legislation to implement the Commonwealth’s fiscal year 2022 – 2023 budget. Among other things, the enacted legislation: (1) cuts the corporate net income tax (CNIT) rate from 9.99% to 4.99% on a phased-in basis; (2) adopts market sourcing rules for intangible-related receipts; and (3) codifies the Pennsylvania...
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“Voluntary” in Name Only? New Jersey Introduces Transfer Pricing Initiative
By Stephen P. Kranz, Diann Smith and Michael J. Hilkin on Jun 16, 2022
Posted In Audits, Income Tax, Interest and Penalties, New Jersey, Transfer Pricing
The New Jersey Division of Taxation (Division) has announced a “voluntary” transfer pricing initiative beginning June 15, 2022, and continuing through March 2, 2023. According to the Division, the initiative is targeted toward companies that have intercompany transactions that would be subject to transfer pricing adjustment. The initiative is broadly available to taxpayers with related...
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State False Claims Acts: “Knowing” Why They Matter for Tax Professionals
By Stephen P. Kranz, Michael J. Hilkin and Jonathan C. Hague on May 12, 2022
Posted In False Claims Act, Nationwide Importance
Like the federal government, many states have adopted False Claims Act (FCA) provisions that exclude tax matters from coverage. The federal model makes clear that matters under the Internal Revenue Service are not covered by the law,[1] and in the vast majority of cases, states also explicitly exclude tax from coverage.[2] However, there is a...
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Maryland Attorney General’s Office Says Taxpayers May Inform Customers of Increased Charges Resulting from Digital Advertising Tax
By Stephen P. Kranz, Michael J. Hilkin and Eric D. Carstens on May 3, 2022
Posted In Constitutional Issues, Maryland, Nationwide Importance
In a brief filed on April 29, 2022, the Maryland Attorney General’s Office (Attorney General) agreed that the “pass-through prohibition” of the state’s digital advertising tax “does not purport to impose any restriction on what the taxpayer may say to the customer, or anyone else, about” increased billing charges because of the tax. Last year,...
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Maryland Comptroller Adopts Digital Advertising Gross Revenues Tax Regulations
By Stephen P. Kranz, Eric D. Carstens and Jonathan C. Hague on Dec 3, 2021
Posted In Allocation/Appointment, Constitutional Issues, Maryland, Nationwide Importance, Procedure
On December 3, 2021, the Maryland Comptroller published notice of its adoption of the digital advertising gross revenues tax regulations (which was originally proposed on October 8, 2021). Per the Maryland Administrative Procedure Act, the final adopted regulations will go into effect in 10 calendar days, or December 13, 2021. (See Md. Code Ann., State...
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Nebraska District Court Holds That GIL 24-19-1 is Not Afforded Deference
By Stephen P. Kranz and Sarah Hogarth on Jun 24, 2021
Posted In Federal Tax, Income Tax, Local Tax, Nationwide Importance, Tax Base
Last week, the Lancaster County District Court granted the state’s motion to dismiss in COST v. Nebraska Department of Revenue. COST brought this declaratory judgment action to invalidate GIL 24-19-1, in which the department determined that earnings deemed repatriated under IRC § 965 are not eligible for the state’s dividends-received deduction and are thus subject...
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