September 24, 2012
Robert Spielman, Tax & Business Services Partner, Quoted in Newsday Article "Businesses Look to Reclaim MTA Payroll Tax"
By Alfonso Castillo
The tax was created as part of a $2.3 billion state bailout of the MTA as it faced a record deficit. In 2011, certain small businesses and private schools were exempted from paying the tax.
Robert Spielman, a partner in the Melville-based accounting firm Marcum LLP, said he expects many businesses won't bother to stake their claim for the money they could be owed, either because they're not aware of the process, or because they assume the court's ruling will be reversed and the tax will stay in place.
The MTA has said similar lawsuits filed by other municipalities challenging the constitutionality of the tax have been dismissed.
"It's not a huge deal to file an amended return," Spielman said. "But some people just don't want to go through the expense. They say it [the ruling] is never going to be upheld anyway."