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Philadelphia Breaks From OBBBA

The PICPA asked Philadelphia to clarify how its new tax guidance applies to different types of businesses and to give clear filing instructions.

Sep 22, 2026, 11:09 AM
The Issue
Act 21 of 2026 requires Philadelphia to break from certain federal tax rules when calculating one of its business taxes (BIRT). There are two ways businesses can calculate that tax, plus a separate tax on net profits. The PICPA agreed the city has clear legal grounds to apply the new rules to businesses using one of those calculation methods. But for the other method, and for the net profits tax, businesses don't start their calculation from federal taxable income in the first place, so the PICPA questioned whether the city actually has the legal authority to apply these federal restrictions on things like research costs, certain manufacturing property, and business loan interest, to them at all.

On September 17, 2026, the Department published its official guidance on this, covering tax returns starting with the 2025 tax year.

 

Our Response

The PICPA recommended that the Department clearly spell out different rules for each type of taxpayer, and only apply the federal changes where it actually has solid legal footing to do so. We also asked for more practical guidance, covering how to fill out the forms, what to do about returns already filed, how this affects 2026 estimated tax payments, and whether penalties or interest would be waived for anyone caught off guard.

 

Importantly, we also said that if the city wants the other tax types to follow the same federal rules, that change should go through City Council or a formal rule-making process, not just be announced through informal guidance.

 

Links
PICPA's comment letter to the Department - Aug. 17, 2026

 

 

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