(a) General rule.--A taxpayer may file a petition for reassessment with the department within 60 days after the mailing date of the notice of assessment.
(a.1) Petition for review of tax adjustment not resulting in an increase in liability.--
(1) A petition for reassessment under subsection (a) may include a request for review of the department's adjustment of a tax item if the adjustment did not result in a tax increase in the year of adjustment but may increase the tax due in a subsequent year. A request for review may include:
(i) Recalculation of the taxpayer's corporate net income tax net loss under Article IV1 as adjusted by the department.
(ii) Recalculation of the taxpayer's capital stock franchise tax average net income under Article VI2 as adjusted by the department.
(iii) Recalculation of the personal income tax basis of an asset under Article III3 as adjusted by the department.
(2) A taxpayer must file a petition for review under this subsection within 60 days of the mailing date of the department's notice of adjustment. A taxpayer's failure to file a petition under this subsection shall not prejudice the taxpayer's right to file a petition in a subsequent tax year.
(a.2) Petition for review of denial of tax credit or tax benefit.--The following apply:
(1) A petition for reassessment under subsection (a) may include a request for review of a denial of an application for a tax credit or tax benefit made by an administering agency.
(2) The administering agency shall have the right to be represented in all proceedings before the department. An applicant filing a petition under paragraph (1) shall provide a copy of the petition to the administering agency within 30 days of the applicant filing the petition with the department.
(3) The department's review of a petition filed under paragraph (1) shall be limited to the administering agency's denial of a tax credit or tax benefit and shall not include a review of any underlying tax determinations.
(4) For the purposes of this subsection:
(i) The terms “applicant,” “tax benefit” and “tax credit” shall have the same meaning as in section 1701-A.1.4
(ii) The term “administering agency” shall have the same meaning as in section 1701-A.1 but shall not include the Department of Community and Economic Development.
(b) Repealed by 2013, July 9, P.L. 270, No. 52, § 37, imd. effective.
(c) Application to inheritance and estate taxes.--This section shall not apply to the taxes imposed by Article XXI.5 Part XI6 of Article XXI shall provide the exclusive procedure for protesting the appraisement and assessment of taxes imposed by Article XXI.
