On January 29, 2025, the Commonwealth Court of Pennsylvania held that a telecommunications company’s “non-voice” private line services were subject to the state’s gross receipts tax (GRT). The taxpayer described its services as offering “a dedicated, uninterrupted communications channel” by which their customers could “securely … and continuously transport voice, video and/or data as packets between specific fixed points.” After the Board of Appeals denied the taxpayer’s GRT refund petitions, the taxpayer appealed to the Commonwealth Court of Pennsylvania.
Pennsylvania imposes its GRT on the gross receipts from the “telegraph or telephone messages transmitted” of “every telephone company, telegraph company or provider of mobile telecommunications services.” 72 Pa. Stat. Ann. § 8101(a)(2). The taxpayer contended that its services were not subject to the GRT because they were “not voice services or otherwise telephone related.” Its private line services transported “high volumes of data at a capacity far in excess of low-capacity telephone messaging transmission to sophisticated customers.”
However, in Verizon, the Pennsylvania Supreme Court previously made “clear that the [GRT] statute encompasses all technologies that have the function of transmitting messages, regardless of whether the mode is ‘voice, data, and/or video.’” (Emphasis added.) Further, the Pennsylvania Supreme Court had interpreted “telephone messages transmitted” to mean any service that makes “telephone communication more satisfactory.” The court also found persuasive that the Pennsylvania legislature has specifically exempted certain services sold by telecommunications companies, but not the non-voice private line services at issue here. The court thus concluded that the private line services were subject to the GRT because they “fulfill the purpose of making the process of transmitting messages more satisfactory.”