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§ 7406.1. Amended reports

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 III. Reports and Payment of Tax
Effective: July 13, 2016
72 P.S. § 7406.1
§ 7406.1. Amended reports
Currentness
<Section 51(8) of Act 2016, July 13, P.L. 526, No. 84, provides that the addition of 72 P.S. § 7406.1 by that Act shall apply to amended reports filed after December 31, 2016.>
(a)(1) Except as provided under subsection (b) or section 406,1 a taxpayer may, within three years after the due date of the original report, including extensions, file an amended report on a form prescribed by the department, under oath or affirmation, to bring to the attention of the department a correction to the original report and provide additional information that the taxpayer requests the department to consider. An amended report shall satisfy all the requirements of an original report.
(2) A taxpayer may file an amended report if a petition raising other issues is pending at the administrative or judicial appeal level.
(b) A taxpayer may not file an amended report:
(1) instead of a timely appeal of an assessment, except if a taxpayer would be entitled to an adjustment of the taxpayer's tax liability as defined by regulations of the department;
(2) if an administrative appeal board or court has previously addressed an issue raised in an amended report on its merits for that particular tax year; or
(3) that takes a position that is contrary to law or published department policy.
(c)(1) Notwithstanding section 407.3,2 the filing of an amended report shall extend the department's authority to adjust a taxpayer's tax liability, including the assessment of additional tax for the tax year to one year from the date of the filing of the amended report or three years from the filing of the original report, whichever period expires later.
(2) At any time before the expiration of the applicable statute of limitations, a taxpayer may consent to extend the period for the department to consider an amended report.
(3) A taxpayer shall maintain records until the end of the extended assessment period.
(d) An amended report filed with the department must contain the following:
(1) The calculation of the amended tax liability.
(2) Revised Pennsylvania supporting schedules, if applicable.
(3) An explanation of the changes being made and the reason for the changes.
(4) Other information that the department may request to support the calculation of the amended tax liability.
(e) Where an amended report involving a tax year under appeal has been filed after an administrative or judicial appeal has been taken, the report shall be deemed a part of the original annual report upon petition of the taxpayer at any subsequent proceeding as though it had been filed with the original report, and no separate appeal from an assessment resulting from the report of change, correction or redetermination shall be necessary to the extent the identical issues for the taxable year have been raised in the appeal.
(f)(1) Unless the taxpayer has requested or consented to an extension, the department shall review an amended report and advise the taxpayer in writing within one year of the filing date of the amended report whether the department accepts the amended report. The notice shall provide an explanation of the department's action.
(2) If the department fails to provide timely notice, the amended report shall be deemed accepted as filed and the department shall adjust its records accordingly.
(3) The acceptance of an amended report under this subsection shall not limit the department's authority to issue an assessment of additional tax as reported on the amended report within the time period provided under subsection (c)(1).
(g)(1) A taxpayer who disagrees with the action of the department may file a petition for review under section 2703(a)(2.1)3 within ninety days of the mailing date of the written notice required under subsection (f) except if:
(i) an amended report has been incorporated into an administrative or judicial proceeding;
(ii) an amended report is filed instead of a petition for reassessment; or
(iii) a timely filed amended report requesting a refund or credit was filed more than three years from the date the tax was paid.
(2) A taxpayer that is not permitted to file a petition for review under paragraph (1)(ii) and that disagrees with the action of the department may pay the tax, interest and penalty due and file a petition for refund in accordance with section 3003.1.4

Credits

1971, March 4, P.L. 6, No. 2, art. IV, § 406.1, added 2016, July 13, P.L. 526, No. 84, § 15.3, imd. effective.

Footnotes

1
72 P.S. § 7406.
2
72 P.S. § 7407.3.
3
72 P.S. § 9703.
4
72 P.S. § 10003.1.
72 P.S. § 7406.1, PA ST 72 P.S. § 7406.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document