Senator Tartaglione and Senate Democrats Fight Senate Subpoena Abuse

Harrisburg, Pennsylvania July 10, 2024 – Today, Senator Christine Tartaglione and Democratic senators voted along party lines in the Senate Intergovernmental Operations Committee to oppose a motion to issue a subpoena to Secretary of Revenue Pat Browne regarding various combined Neighborhood Development Zone (NIZ) taxes reported to the Department of Revenue.

The 7-4 vote authorized the Secretary of the Senate to issue a subpoena to the Department of Revenue seeking tax documents, which Democrats said would force the Department of Revenue to either violate Section 731 of the Pennsylvania Internal Revenue Code, a misdemeanor punishable by up to three years in prison, or disregard the Senate subpoena.

“The motion we were forced to vote on today is a targeted action that will facilitate the disclosure of information from just a few individuals in one specific and small geographic area of ​​the state,” said Senator Tartaglione. “What we voted on today is procedurally flawed and contrary to good governance. It requires the disclosure of confidential, private information and forces a Commonwealth agency to knowingly violate the law in order to comply. The subpoena granted today is not an oversight; it is an abuse of power.”

It was the second attempt to release the NIZ documents after a first attempt by the bicameral Budget and Finance Committee failed in a 6-6 vote due to the same privacy and confidentiality concerns.

The requested tax documents include all imputable tax documents filed between January 1, 2011 and December 31, 2023, broken down on an annual basis and by type. The requested tax documents include:

  • Net income tax of companies
  • Tax on share capital/foreign franchise
  • Bank Share Tax
  • Gross Contribution Tax
  • Hotel Sales, Use and Occupancy Tax
  • Withholding tax withheld by employer
  • Gross Income Tax
  • Unemployment benefit
  • Real estate transfer tax
  • Cigarette tax
  • Tobacco tax
  • Vehicle Hire Tax/Public Transport Assistance
  • Vehicle Lease Tax/Public Transport Assistance
  • Income tax
  • Malt Beverage Tax
  • Sales and Use Tax for Contractors
  • Pennsylvania sales and employ tax paid on purchases of concrete personal property or services
  • Title Insurance Company Shares Tax
  • Net Income Tax
  • Tax on malt or brewed beverages – excise and sales tax
  • Alcohol/Wine Excise and Sales Tax
  • Any additional applicable state taxes not included above

The Secretary of the Senate will now forward the subpoena to the Department of Treasury.

More information on tax incentives, reliefs and Community programs can be found at Website of the Department of Revenue.

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