State Income Tax Article 

The Stars Might Lie, but the Numbers Never Do

Posted on May 16, 2024

Written by
Janette M. Lohman CMI, CCIP, CPA, Esq.  

 

Read Time: 5 minutes

Back in the Dark Ages (pre-Wynne17), when I used to teach state and local tax law at the Saint Louis University School of Law, my students and I grappled with the issue of whether a state should have the right to tax 100 percent of its residents’ income, given that the state has substantial nexus over the person, but not necessarily any nexus at all over 100 percent of that resident’s income if the person worked in another state.

That states are required by the Constitution to give to their residents a credit for income taxes paid to another state (up to the amount of the resident state’s income tax) on the same income seems to be an imperfect solution to the “double tax” issue, because the poor resident taxpayer is always stuck with paying an amount equal to the higher of the two taxes. If the resident state’s rates are lower, the taxpayer will pay the higher tax on the earned income, but the lower residence tax on unearned income (and vice versa).

Many of my students, however, liked better the concept of both types of income acquired by an individual being taxable by only one state — that is, the earned income would only be subject to state tax in the employment state, and the unearned income would only be subject to state tax in the residence state. This concept seems to resolve the nexus issue, because each state would only be able to tax income that was rightfully sitused within its jurisdiction, and each type of income would only be subject to the appropriate rate, and only once. In situations in which the residence state’s rate is higher, the taxpayer would pay the employment state’s lower rate on earned income, and in situations in which the residence state’s rate is lower, the taxpayer would pay the employment state’s higher rates on the earned income. Fair is fair, and my students thought that was as it should be. Besides, although taxpayers working and residing in different states would still have to file two returns, those returns would be less complicated without the difficult and often confusing “credits for taxes paid” calculations.

Diane Zilka’s situation, however, further exacerbates the complicated “credits for taxes paid” issue. Because Ms. Zilka resided in Philadelphia, she had to report 100 percent of her Wilmington, Delaware, earnings to two state and two local taxing jurisdictions. The combined Delaware SALT rate on wages was 6.25 percent, and the combined Pennsylvania SALT rate on wages was 6.99 percent. The Delaware rate was higher than the Pennsylvania rate, so Pennsylvania gave Ms. Zilka a full credit, with some left over. Unfortunately, however, the Wilmington rate was lower than the Philadelphia rate, and although Ms. Zilka got a full credit against Philadelphia tax for the Wilmington tax she paid, Philadelphia flatly refused to give Ms. Zilka credit for the excess Delaware taxes she paid against her Philadelphia tax. So, using $1,000 as her hypothetical income, (and assuming no unearned income) how much tax should she have paid, and how much did she actually pay?

  • If we adopted my student’s “nexus” computation in Ms. Zilka’s situation — EUREKA — we would have achieved total parity! That is, if she had only had to report income earned in Wilmington, Delaware, to Wilmington and Delaware, and assuming she only had earned income of $1,000, Ms. Zilka only would have been subject to a 5 percent Delaware state tax and a 1.25 percent Wilmington tax, or a total tax of 6.25 percent (which is, at least according to my students, as it should have been), regardless of the aggregation rules. Applying my students’ proposal, she would have paid a total of $62.50 to the jurisdictions in which the income had been earned, and Philadelphia and Pennsylvania would not have been involved at all.
  • Under the “acceptable” credit rules —and with that parity being all that Ms. Zilka is requesting — if we assume the state and city taxes are aggregated in both Pennsylvania and Delaware, Ms. Zilka still would have to pay the higher of the two taxes (or a total tax of 6.99 percent (5 percent to Delaware, 1.25 percent to Wilmington, and 0.74 percent to Philadelphia)). Philadelphia’s haul is a windfall, given that the income was earned in Wilmington. In the relief that she seeks, however, Ms. Zilka only wants to pay this higher of the two combined rates, for $69.90 total.
  • By not aggregating the state and local tax rates, however, Philadelphia gets a super windfall of a whopping 1.93 percent tax on income that was earned in Wilmington. Under the Pennsylvania court’s decision, Ms. Zilka had to pay $50 to Delaware, $12.50 to Wilmington, and a staggering $19.30 to Philadelphia, for a total of $89.20. (Gulp.)

Poor Ms. Zilka! Let us assume that her officemate is earning exactly the same salary as she does and is a Wilmington resident. The officemate will only pay $62.50 of combined SALT on the identical amount of income earned from the same employer in the same city and state. Ms. Zilka would have to move to Wilmington, Delaware (which, obviously, the Pennsylvania courts are encouraging her to do) to achieve SALT parity with her colleague. Ms. Zilka’s Philadelphia neighbor, whom (we assume) is earning exactly the same salary as she does, but who works in Philadelphia, will pay $69.90 of combined state and local tax on the identical amount of earned income. As a reminder, all Ms. Zilka wants is to NOT pay more combined SALT on the same amount of earned income as her Philadelphia neighbor pays. I am certain that my distinguished board member colleagues will continue to vet all the scholarly constitutional arguments defending why the Pennsylvania and Philadelphia taxes must be aggregated, how Philadelphia’s actions (and Pennsylvania’s acquiescence) are clearly in violation of Wynne, how similarly situated courts in other jurisdictions are upholding the aggregation mandated by Wynne and who, accordingly, would give Ms. Zilka the “half a loaf” she is requesting, thus causing a split among the circuits, and so forth . . . but isn’t what’s wrong with this situation quite obvious? Who are the Pennsylvania courts trying to kid? Where could Philadelphia get the legal authority to enact and enforce wage taxes but from the express municipal enabling laws of the Commonwealth of Pennsylvania? For the Pennsylvania courts to deny Pennsylvania’s responsibility for the Philadelphia wage tax is analogous to situations in which parents deny responsibility for the acts of their wayward minor children. Philadelphia was already benefiting from the “credit for taxes paid” structure by “legally” getting to tax a comparatively “little bit” of income earned somewhere else, but that was not enough. Philadelphia got greedy — and Pennsylvania let Philadelphia get away with it. Or will Philadelphia get away with it? My only other concern is whether the U.S. Supreme Court will put a stop to this injustice and affirmatively answer the aggregation issue (again) in favor of Ms. Zilka. Oh, please!


This article is republished with permission Tax Notes State.

 

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Member News

Property Tax and State Income Tax Symposium Highlights

 

Property & State Income Tax Symposium Highlights


A big congratulations to the planning committees for orchestrating outstanding Property Tax and State Income Tax Symposiums last month! Your hard work and dedication ensured exceptional programs that gave attendees valuable insights and meaningful takeaways.

Thank you to our presenters for delivering engaging and thought-provoking sessions on key topics, ranging from legislative updates to compliance strategies. Your expertise and commitment elevated the learning experience for all participants.

A special thank-you goes out to our attendees for your enthusiastic participation. The energy you brought to the sessions, discussions, and networking events was inspiring and contributed to the success of these Symposiums.

We look forward to seeing you at next year’s events!

Property Tax Symposium Chair Jessica L. MacLean, Esq. and State Income Tax Symposium Chair Jennifer C. Waryjas, Esq., give comments at the Opening Session.

Keynote speaker Corey Ciocchetti moved the audience with his presentation: “Inspire Integrity – Chase an Authentic Life.”

Participants get to know each other before hitting the links at the pre-symposium golf tournament. Congratulations to First Place winners PJ Birmingham, Brian Ess, and Lee Winston. Aaron Hohman, Moiz Mohammed, Shane Stewart, and Erik Wind were in second place. Other winners include: • Men’s Longest Drive: Ryan Armstrong • Women’s Longest Drive: Jennifer Wadland • Closet to the Pin: Kevin Dover

Jordan Goodman, Esq., CPA, and IPT Past President Janette Lohman, CMI, CCIP, CPA, Esq., inform and entertain attendees during a State Income Tax Symposium session titled “Monday Night Football Audit.”

Committee Member Dan Tucker, Esq. introduced John O'Neil, CMI and Gerry Amoroso, CMI at the breakout session “Beyond the Lease: The Analysis of the Whole Property Value.”

Many thanks for a job well done to the Symposium planning committees and their leadership. (L to R) State Income Tax Vice Chair Jeff Cook, CPA, State Income Tax Symposium Chair Jennifer C. Waryjas, Esq., IPT President Trisha Fortune, CMI, and IPT Executive Director Chris Muntifering, CMI.

Thanks to Property Tax Symposium Co-Vice Chair Jerry Aucoin, CMI, here with Property Tax Symposium Chair Jessica MacLean, Esq. (Not pictured Co-Vice Chair Gauri Samant, Esq.)

Everyone had a blast at Tuesday evening’s Bingo Night. IPT President Fortune had the chance to hang out with other Bingo enthusiasts.
Thank you for being a part of IPT!

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The IPT community Is Ready for You

Join a diverse community of more than 6,600 members and achieve educational excellence, earn professional certification, and gain access to a world-class network. With IPT, you can advocate for equitable administration of state and local taxes, participate in volunteer opportunities to grow your leadership skills, and establish a stronger professional reputation by participating on our committees.

17 Dec 2024IPT Member News
Property and State Income Tax Symposium Highlights
A big congratulations to the planning committees for orchestrating outstanding Property Tax and State Income Tax Symposiums last month!
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Member News

President's Message

 

Happy holiday season!! As we close the book on 2024 and look ahead to 2025, I find myself reflecting on what an incredible year it has been for IPT. We ended on a high note with the successful conclusion of the Property Tax and State Income Tax Symposiums, held concurrently in Tucson, Arizona this November. Both programs delivered outstanding value through sessions that explored the latest developments in property and state income tax.

Attendees were especially captivated by our keynote speaker, Corey Ciocchetti, whose moving presentation set a tone of inspiration and purpose. The symposiums also offered dynamic discussion forums and breakout sessions designed to maximize learning opportunities.

The planning committees went above and beyond to create memorable networking experiences. Highlights included a pre-symposium golf tournament, a guided hike through Tucson’s beautiful terrain, and a networking lunch that fostered valuable connections. The evening receptions featured craft beer and tequila tastings, while late-night Bingo Night provided lighthearted fun. Of all the moments, seeing IPT’s new logo dramatically projected onto a nearby mountain stole the show—it was truly a crowd-stopper! 



Our deepest gratitude goes to the committees that made these events possible:

• Property Tax Symposium Committee: Special thanks to Chair Jessica L. McClean, Esq., Co-Vice Chairs Jerry Aucoin, CMI, and Gauri S. Samant, Esq., along with their incredible team.
• State Income Tax Symposium Committee: A heartfelt thank you to Chair Jennifer C. Waryjas, Esq. and Vice Chair Jeff J. Cook, CPA, and their dedicated Committee for countless hours of hard work and preparation.

Looking ahead to 2025, I am especially excited for IPT’s Annual Conference to be held at the Habor Beach resort in Fort Lauderdale, June 22nd through the 25th. The oceanfront location promises to be a fantastic setting. Our theme is “Club Pro Royale”. (I encourage you to watch Palm Royale if you are not already a fan and to get ready for our fun Casino Royale event on Tuesday night). In addition to a great program, we are planning a full slate of networking events that will guarantee a unique and engaging experience for all attendees.

And as we prepare to turn the calendar, I want to express my gratitude to everyone who served on a property tax or state income tax program committee this year, whether it was a school, symposium, webinar, or seminar. To all who volunteered on any IPT committee in 2024, thank you. Your time, talent, and dedication inspire us all and ensure IPT remains the premier resource for SALT professionals. To all who volunteered on any IPT committee in 2024, thank you. Your time, talent, and dedication inspire us all and ensure IPT remains the premier resource for SALT professionals.

Lastly, to all IPT members: thank you for your participation, commitment, and care for our organization. IPT is more than a professional association; it is a community where education meets opportunity and where connections lead to growth. Because when you know more, you PRO more. I wish you and your families a joyous holiday season and happy new year. And as we consider our new year resolutions, please consider putting becoming more involved in IPT in 2025 towards the top of your list.

Warmest regards,
Trisha Thank you for being a part of IPT!

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The IPT community Is Ready for You

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17 Dec 2024IPT Member News
IPT Presidents December 2024 Message
Happy holiday season!! As we close the book on 2024 and look ahead to 2025, I find myself reflecting on what an incredible year it has been for IPT.
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Why Investing in IPT Programs Is a Smart Move For Your SALT Team

You know firsthand that state and local tax (SALT) regulations evolve constantly. That’s why, for tax departments and professionals like you, it’s essential to stay ahead of these changes. Falling behind can lead to costly errors, missed opportunities, and compliance issues directly affecting your company’s bottom line.

IPT programs provide the structured, expert-led education you and your team need to stay compliant, effective, and strategically positioned. Let’s explore why IPT programs are a good fit for your team members.

The Challenge of Keeping Up with Change

The pace of change in SALT laws and regulations can feel relentless. Tax professionals face an overwhelming amount of new information each year, from complex legislative updates to shifting compliance requirements. IPT has a proven track record as a trusted partner that can keep your team informed and ready, offering training and insights that are immediately applicable.

The Unique Benefits of IPT Schools and Programs

IPT offers two distinct types of in-person learning experiences: schools and programs.

Each serves a specific purpose, and both are crucial to making a strategic investment in your team's professional growth.

IPT Schools: Building a Strong Foundation and Advanced Skills

IPT schools deliver comprehensive, hands-on training covering both fundamental principles and advanced concepts in SALT. These sessions dive deeply into essential tax topics, equipping attendees with the practical skills to address real-world challenges. Through interactive exercises, small group discussions, and mock presentations, your team members can return to work with actionable knowledge and the confidence to implement it effectively.

IPT Programs: Staying Ahead with Emerging Trends and Networking

IPT programs—like symposiums and conferences—focus on the latest developments, emerging trends, and strategic insights in SALT. These events offer a unique opportunity for your tax professionals to stay current with rapidly changing regulations, learn about cutting-edge strategies, and gain exposure to new technologies.

Programs also emphasize the importance of networking so your team can connect with industry leaders and peers, building a robust support system of professional contacts.

The Benefits of IPT Schools

IPT schools transform tax professionals into highly skilled, confident practitioners capable of navigating complex SALT challenges.

Expert-Led Curriculum

The curriculum at IPT schools isn’t off-the-shelf. Instead, it’s crafted and delivered by seasoned tax professionals facing state and local tax challenges daily. Your employees aren’t just learning theory—they’re absorbing practical knowledge from experts who understand the real-world implications of SALT issues.

Training includes mock presentations, small group exercises, and case studies mirroring problems your team may actually encounter, ensuring they leave with the ability to apply what they’ve learned immediately.

Hands-On Learning

IPT schools emphasize active participation and hands-on learning.

Attendees engage in interactive sessions that go beyond traditional lectures, offering practical exercises to prepare them to tackle complex tax issues head-on.

These experiences cultivate critical thinking and problem-solving skills, which translate directly into improved workplace performance. The result is a team that can effectively handle daily responsibilities and contribute to the overall efficiency of your tax department.

Return on Investment

Investing in IPT schools delivers a tangible return on your team’s time and budget.

Your team members can return equipped with the expertise to analyze and resolve tax challenges more effectively, minimizing risks and uncovering opportunities that directly benefit your business.

Practical skills gained through IPT’s rigorous training reduce the likelihood of costly mistakes and improve the overall strategic impact of your tax department.

The Advantages of Attending IPT Programs

IPT programs, including symposiums and conferences, are designed to keep your tax department at the forefront of the industry. These events equip your team with the connections and knowledge they need to excel in a constantly shifting tax landscape. Best of all, they are scheduled with the important dates on the SALT calendar in mind so your team members can attend because the timing works for them.

Here are just a few of the reasons why your team members can benefit from IPT’s annual programming.

Cutting-Edge Knowledge

IPT programs ensure your employees stay well-informed on the latest trends, regulations, and strategic developments in state and local taxation. Sessions are packed with insights into emerging technologies, complex SALT issues, and legislative updates. By staying current, your team is equipped to anticipate and navigate changes, maintaining a competitive edge in the field.

Industry-Specific and Regional Focus

Understanding that tax issues can vary significantly by industry and region, IPT programs offer sessions tailored to meet the specific needs of your team members. No matter the sector your teams work in, they’ll receive targeted, relevant knowledge. This focused approach allows tax professionals to more effectively address industry-specific challenges and implement strategies that can directly impact your business operations.

Valuable Networking Opportunities

One of the most significant benefits of IPT programs is the opportunity to build a network of peers and industry leaders across multiple tax disciplines. These connections can be invaluable when your team faces complex challenges, offering a go-to resource for advice and collaboration.

Establishing relationships at these events not only fosters professional growth but also creates a support system for your teams that extends well beyond the conference room.

The Strategic Value of Investing in IPT Programs

Investing in IPT programs isn’t just about professional development—it’s a strategic decision for your business that can yield substantial returns. Here’s why investing in IPT membership for your team members makes good business sense.

Efficient Access to Resources

The sheer volume and specificity of information shared at IPT events are unparalleled. Unlike piecemeal, independent research, IPT programs consolidate critical SALT updates and advanced strategies into a single, cohesive learning experience. The efficiency saves your team members time and ensures they receive insights that are both current and comprehensive.

Additionally, the perspective that your team members can gain from industry leaders will help them apply their new skills on a practical level. Your teams will benefit from nuanced interpretations of regulations and real-world case studies, giving them the tools to make well-informed decisions at work.

Impact on the Bottom Line

Well-trained tax professionals are more adept at navigating intricate regulations, meaning fewer costly errors and more opportunities to optimize tax positions.

Consider the financial implications: an error in tax compliance or a missed opportunity for tax optimization can have serious repercussions.

IPT-trained employees are equipped to minimize risks and capitalize on tax-saving strategies. The return on investment isn’t theoretical—it translates to measurable financial gains and increased operational efficiency.

Long-Term Benefits

Beyond the immediate impact, IPT programs foster long-term growth and stability. Employees with this level of specialized training develop into confident, knowledgeable professionals who can easily handle evolving tax challenges. This continuous upskilling reduces the need for constant retraining and positions your department as a strategic asset rather than a reactive cost center.
Further, investing in your employees’ education reinforces your commitment to professional development, improving retention, and helping you attract top talent.

Staying ahead in the industry isn’t just about compliance; it’s about cultivating a tax team driving value year after year.

Help Your Team Stay Prepared and Current

A well-prepared, knowledgeable tax team is a necessity. IPT schools deliver both foundational and advanced training, giving your team members practical, real-world skills they can apply immediately. IPT programs  ensure your team stays ahead of industry changes with timely updates and strategic insights so your tax department is more agile and effective.

Investing in IPT memberships for your team is a smart, strategic way to maximize your education budget. The ROI is clear: a more capable, confident, and efficient tax team that can navigate SALT complexities with precision. Learn more about specific IPT programs and take the next step toward strengthening your tax department today.

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Why Investing in IPT Programs Is a Smart Move For Your SALT Team
Discover how IPT programs empower your SALT team with expert-led training, cutting-edge insights, and networking to stay compliant and ahead of changes.
Click for more info...
Get Involved with IPT

The IPT community Is Ready for You

Join a diverse community of more than 6,600 members and achieve educational excellence, earn professional certification, and gain access to a world-class network. With IPT, you can advocate for equitable administration of state and local taxes, participate in volunteer opportunities to grow your leadership skills, and establish a stronger professional reputation by participating on our committees.