May a corporate taxpayer rely upon the MTC’s Section 17 regulation for purposes of sourcing receipts from services until the DOR issues market-based sourcing regulations for CNIT purposes?
From a legal perspective, the MTC regulation cannot be relied upon as having the effect of legal authority. However, since Pennsylvania’s statutory language is very similar to that adopted by the MTC, the Department believes the MTC’s regulations for sourcing receipts from services represent a valuable guideline for Pennsylvania taxpayers seeking additional guidance on how to interpret the statutes.
DISCLAIMER: The Department of Revenue has prepared draft regulations for sourcing receipts of services and intangibles. The initial drafts are currently under internal review and will be made available for public inspection/review/comment as soon as practical. Accordingly, any responses contained herein are based on previously-provided guidance from the Department.