Cozen O’Connor: Schwartz, Heidi

Heidi R. Schwartz

Associate

Philadelphia

(215) 665-2799

(215) 665-2013

Recent Publication:

Royalty Fees Not Subject to Pennsylvania Sales Tax [Alert]

Joseph C. Bright and Heidi R. Schwartz discuss Downs Racing, LP v. Commonwealth and the court's decision that royalty fees are intangible legal rights that do not fall within the meaning of corporeal personal property or canned software.

Heidi Schwartz is an associate in the firm’s Philadelphia office, where she focuses her practice on tax.

Heidi earned her LLM from Villanova Graduate Tax Program and her law degree from Villanova School of Law. While attending Villanova for law school, she served as treasurer of the Tax Law Society and was involved in the Pro Bono Society, Innocence Project, Pro Bono Legal Aid Project, and Tax Law Brochure Project. Heidi was also a legal intern to the Honorable John T. J. Kelly, Jr., a research assistant, a law clerk in Gowa Lincoln, Pa., a part of the Villanova University Federal Income Tax Clinic where she represented low-income clients in federal tax controversy cases and liaised with appeals, and she clerked for the Honorable Robert J. Shenkin. Heidi received the Federal Tax Clinic Award and Dorothy Day Award for Pro Bono Service. She earned her undergraduate degree from Syracuse University.

Prior to attending law school, Heidi was a marketing associate and assistant to the director of Random House Books.

Publications

Royalty Fees Not Subject to Pennsylvania Sales Tax [Alert]

November 29, 2018

Joseph C. Bright and Heidi R. Schwartz discuss Downs Racing, LP v. Commonwealth and the court's decision that royalty fees are intangible legal rights that do not fall within the meaning of corporeal personal property or canned software.

Business Deductions Up In Smoke [Cannabis Alert]

October 11, 2018

Heidi Schwartz and Richard Silpe discuss three cases published this past summer that provide guidance to cannabis businesses and their owners in preparing their federal income tax returns. These cases turn on the application of IRC Section 280E, which precludes taxpayers from deducting any expense relating to a business that consists of trafficking in cannabis.

SBA Anti-Cannabis Lending Policy Creates Obstacles for Non-Cannabis Businesses [Cannabis Alert]

June 26, 2018

Heidi Schwartz discusses the updated SBA policy prohibiting lending to marijuana and hemp-related businesses — and to businesses that work with them.

STATES Act Would Exempt Legal Cannabis from Controlled Substances Act [Cannabis Alert]

June 18, 2018

On June 7, Senators Elizabeth Warren, D-Mass., and Cory Gardner, R-Colo., introduced a bill that would permit states to pass their own marijuana laws without interference from the federal government. The bill is a bipartisan response to the steps taken by Attorney General Jeff Sessions to reverse Obama-era protections for cannabis businesses that are operating in compliance with state cannabis laws.

New Pennsylvania Personal Income Tax Withholding Requirements [Tax Alert]

February 05, 2018

Cheryl A. Upham and Heidi R. Schwartz discuss new Personal Income Tax withholding obligations on certain lessees of non-residential real property and non-employer payors of Pennsylvania source compensation and business income.

Sessions Jeopardizes Safe Haven for Cannabis Industry [Cannabis Alert]

January 11, 2018

Robert Lee and Heidi Schwartz discuss the possible impact of Attorney General Sessions recision of the Cole Memo on the Cannabis Industry.

Flat Dollar Minimum on Pennsylvania Net Loss Carryover Deduction Held Unconstitutional [Bloomberg BNA]

December 27, 2017

Joseph Bright and Heidi Schwartz, members of Cozen O’Connor’s Tax Practice Group, discuss the Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth case in Bloomberg BNA.

Department Bound by its Own Regulation [Bloomberg BNA]

October 03, 2017

Joseph Bright and Heidi Schwartz, members of Cozen O’Connor’s Tax Practice, discuss the Saturday Family L.P. v. Commonwealth case in Bloomberg BNA, in which the Commonwealth Court en banc held that Pennsylvania Realty Transfer Tax could not be imposed on a ground lease that contained an option for renewal at fair rental value that included an appraisal procedure.

Guardrail Installation Items Are Exempt From Sales Tax [Bloomberg BNA]

August 15, 2017

Joseph Bright and Heidi Schwartz, members of Cozen O’Connor’s Tax Practice, discuss a case which found that all nuts, bolts, and washers used to install a guardrail system on a road or highway for Pennsylvania were exempt from sales tax in Bloomberg BNA.

Soda Tax Survives [Bloomberg BNA]

August 02, 2017

Heidi Schwartz discusses the validity of Philadelphia’s Sugar-Sweetened Beverage Tax (SBT) and the tax being challenged in Williams v. City of Philadelphia.

Unpublished Commonwealth Court Panel Opinion Exemplifies Complexity of Applying Pennsylvania’s Purely Public Charity Exception [Bloomberg BNA]

May 18, 2017

Joseph Bright, a member of Cozen O’Connor’s Tax Practice Group, and Heidi Schwartz, an associate in the Tax Practice Group, discuss the Huston Properties case and the rules it applied for "purely public charity" tax exemptions.

Commonwealth Court Unanimously Holds that Local Business Privilege Tax Must be Fairly Apportioned [Tax Alert]

May 11, 2017

The court overruled the trial court that the assessment must be stricken, and instead remanded the case to the lower court to apportion the receipts consistent with its opinion.

Pennsylvania Net Operating Loss Cap After Nextel

May 10, 2017

Joseph Bright and Heidi Schwartz discuss the impact of the Nextel case in Bloomberg BNA.

Federal and Pennsylvania Tax Deduction Limitations on Medical Marijuana Businesses [Cannabis Alert]

April 27, 2017

Richard J. Silpe and Heidi Schwartz discuss the obstacles, medical marijuana organizations are subject to limitations in deducting their business operating expenses — even if those business expenses are not otherwise illegal.

Practice Areas

Education

  • Villanova University School of Law, J.D., 2012
  • Villanova University School of Law, LL.M., 2014
  • Syracuse University, B.S., 2005
  • New Jersey
  • Pennsylvania