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§ 7408. Enforcement; rules and regulations; inquisitorial powers of the department

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 13, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 5. Tax Reform Code of 1971 (Refs & Annos)
Article IV. Corporate Net Income Tax (Refs & Annos)
Part V. Enforcement: Rules and Regulations; Inquisitorial Powers of the Department
Effective: July 13, 2016
72 P.S. § 7408
§ 7408. Enforcement; rules and regulations; inquisitorial powers of the department
(a) The department is hereby charged with the enforcement of the provisions of this article, and is hereby authorized and empowered to prescribe, adopt, promulgate, and enforce rules and regulations, not inconsistent with this article, relating to any matter or thing pertaining to the administration and enforcement of the provisions of this article, and the collection of taxes, penalties, and interest imposed by this article. The department is hereby required to have such rules and regulations, promulgated and adopted, printed and shall distribute the same to any person upon request.
(b) The department, or any agent authorized in writing by it, is hereby authorized to examine the books, papers, and records, and to investigate the character of the business of any corporation in order to verify the accuracy of any report made, or if no report was made by such corporation, to ascertain and assess the tax imposed by this article. Every such corporation is hereby directed and required to give to the department, or its duly authorized agent, the means, facilities, and opportunity for such examinations and investigations, as are hereby provided and authorized. Any information gained by the department, as a result of any returns, investigations, or verifications required to be made by this article, shall be confidential, except for official purposes, and any person divulging such information shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) and costs of prosecution, or to undergo imprisonment for not more than six months, or both. Nothing in this section shall preclude the department from providing public information, as defined in section 403(a)(2)(iii),1 to other government units. Any identification number provided by the department to another governmental unit for governmental purposes shall continue to be confidential information.
(c) Whenever any person, acting for or on behalf of the department, shall in good faith institute legal proceedings for any violations of the provisions of this article, and for any reason shall fail to recover costs of record, such costs shall be a charge upon the proper county, as shall such costs in the event defendant is imprisoned for failure to pay fine or costs, or both, and shall be audited and paid as are costs of like character in said county.
(d) The powers, conferred by this article upon the department, relating to the administration or enforcement of this article, shall be in addition to, but not exclusive of, any other powers heretofore or hereafter conferred upon the department by law.

Credits

1971, March 4, P.L. 6, No. 2, art. IV, § 408. Amended 1982, June 23, P.L. 610, No. 172, § 3, effective in 60 days; 2006, Oct. 18, P.L. 1149, No. 119, § 20, imd. effective; 2016, July 13, P.L. 526, No. 84, § 15.4, imd. effective.

Footnotes

72 P.S. § 7403.
72 P.S. § 7408, PA ST 72 P.S. § 7408
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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