On October 2, in PPL Electric Utilities Corporation v. Director, Division of Taxation, No. 000005-2011, the New Jersey Tax Court determined that federal deductions for the taxpayer’s payments of Pennsylvania gross receipts tax and Pennsylvania capital stock tax are not subject to addback in New Jersey. As a result, taxpayers that added back those taxes (either voluntarily or upon audit), and taxpayers that added back similar taxes paid to other states, should consider filing claims for refunds. Note that New Jersey has a four-year statute of limitations period for filing refund claims, and some taxpayers’ statute of limitations periods for the year ending December 31, 2009, if paid on the last day of the extension period, will expire on October 15, 2014.

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