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Expert Analysis

Tangible Property Sales Taxes Don't Apply To Intangibles

By Craig Fields and Rebecca Balinskas (November 29, 2018, 6:19 PM EST) -- On Oct. 25, 2018, in Downs Racing LP v. Commonwealth,[1] a unanimous Pennsylvania Supreme Court partially reversed the Commonwealth Court and held that royalty fees for the use of intellectual property are not subject to sales and use tax as charges for tangible personal property, thus entitling the taxpayer to a refund....

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