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Montgomery Township ratifies cosigning amicus brief on tax-interest question
Summary
Board ratified joining an amicus brief supporting Radnor Township in an appellate matter about whether the Local Tax Enabling Act authorizes interest on business privilege and mercantile taxes; the filing deadline prompted time-sensitive participation and shared cost with other municipal clients of the solicitor’s firm.
Montgomery Township’s Board of Supervisors voted Jan. 26 to ratify participation as a cosigner of an amicus brief in an appellate matter arising from a dispute involving Radnor Township and Lincoln Financial.
Township staff said the appeal concerns whether the Local Tax Enabling Act (LETA) authorizes interest on gross-receipts taxes (business privilege and mercantile taxes). Staff explained that a lower-court decision vacated the assessment but did not resolve whether interest may be collected; Radnor Township appealed to the Commonwealth Court, and the window to join an amicus brief closed Jan. 22. The solicitor’s firm suggested filing the brief because the township collects similar taxes and could be affected if interest could not be collected on delinquent accounts.
The board ratified staff’s prior approval to participate and agreed to share the preparation and filing costs with other municipal clients. No public comment was recorded at the meeting.
