In a case with far-reaching implications—including the potential for refund claims to be filed by any employer that has paid the Metropolitan  Commuter Transportation Mobility Tax (the MTA Payroll Tax or MCTMT)—a Nassau County Supreme Court judge ruled that the MTA Payroll Tax was passed unconstitutionally. In anticipation of a flood of protective refund claims, the New York State Department of Taxation and Finance released special procedures for filing protective refund claims on October 17, 2012. Employers and other taxpayers with potential refund claims must file those claims as quickly as possible to avoid expiring limitations periods. Mangano v. Silver, No. 144440/10 New York Supreme Court (August 22, 2012).

For details about the MTA Payroll Tax refund opportunity, filing deadlines and special protective refund procedures, click here.


Browse More Insights

Close up of calculator, data and stethoscope
Practice Group

Employee Benefits and Executive Compensation

Ogletree Deakins has one of the largest teams of employee benefits and executive compensation practitioners in the United States. As part of a firm that focuses on labor and employment law, our Employee Benefits Practice Group has a special ability to relate technical experience to the client’s “big picture” issues.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now