Senate Bill 345 would accelerate the reduction in Pa.’s base corporate net income tax while Senate Bill 346 would double the state’s net operating loss carryover provision for corporations.
, which would double the state’s net operating loss carryforward provision for corporations.
Pennsylvania passed a law last year cutting the state’s CNIT rate from 9.99% to 8.99% this year, with a gradual drop to 4.99% in 2031. Senate Bill 345 would accelerate that, instituting an immediate drop to 7.99% and a reduction to 4.99% by 2026. The bill would increase the portion of prior years’ operating losses that companies could carry forward to offset their tax liability in future years. Currently, companies can carry forward NOL deductions worth up to 40% of their taxable current-year income; Senate Bill 346 would increase this cap to 80% of taxable income.
Up until 2017, Pennsylvania’s tax law featured an NOL carryforward of either 30% of taxable income or $5 million, whichever was greater., in which Nextel argued that the flat-dollar cap violated the tax uniformity clause of the state constitution by allowing companies with income less than that dollar amount to claim an effective 0% tax rate, while companies with greater income could not.
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