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Pennsylvania Supreme Court Strikes Down Pittsburgh’s 3% ‘Jock Tax’ on Visiting Athletes

The justices found the nonresident-only levy violated Pennsylvania’s Uniformity Clause.

Overview

  • The unanimous ruling held that the 3% fee on income earned at publicly funded venues unlawfully targeted nonresident athletes and performers.
  • City residents paid a 1% city income tax plus a 2% school tax, while nonresidents paid the 3% fee and no school tax, a disparity the court rejected.
  • The challenge was brought by the NHL, NFL and MLB players’ associations along with Kyle Palmieri, Jeff Francoeur and former Penguin Scott Wilson.
  • Pittsburgh expects to lose about $4 million in annual revenue and has taken in more than $79 million from the fee since its inception.
  • Athletes and entertainers are expected to receive refunds following the decision, which was authored by Justice David N. Wecht with differing rationales among the justices.