Pennsylvania nonprofit electric cooperative corporations do not owe tax under the Pennsylvania Public Utility Realty Tax Act (PURTA).

The Pennsylvania Commonwealth Court reversed the decision made by the Pennsylvania Board of Finance and Revenue that these nonprofit electric cooperative corporations were subject to PURTA. A key phrase in PURTA reads, “furnishing public utility service.” Despite multiple technical issues and a dissenting opinion, the Pennsylvania Commonwealth Court found that these nonprofit electric cooperatives do not furnish public utility service and, as a consequence, are not subject to PURTA. (Pennsylvania Commonwealth Court, Adams Electric Cooperative, Inc., v. Commonwealth of Pennsylvania, Docket No. 54 F.R. 2000, July 16, 2004.)

Posted on August 5, 2004