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§ 7403. Reports and payment of tax

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: April 22, 2021

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: April 22, 2021
72 P.S. § 7403
§ 7403. Reports and payment of tax
<Section 3(1) of Act 2021, April 22, P.L. 36, No. 10, provides that the amendment or addition of 72 P.S. § 7403(a)(1)(iii) and (e) by that Act shall apply to taxable years beginning after Dec. 31, 2020.>
(a)(1) It shall be the duty of every corporation, liable to pay tax under this article, to transmit to the department, upon a form prescribed by the department, an annual report under oath or affirmation of its president, vice-president, treasurer, assistant treasurer or other authorized officers of net income taxable under the provisions of this article:
(i) on or before April 15, 1972, and every April 15 of each year thereafter through April 15, 2016;
(ii) for taxable years beginning after December 31, 2015, on or before thirty days after the return to the Federal Government is due, or would be due were it to be required of such corporation, subject in all other respects to the provisions of this article; and
(iii) for taxable years beginning after December 31, 2020, on or before the fifteenth day of the month following the due date of the return to the Federal Government, or would be due were it to be required of such corporation, subject in all other respects to the provisions of this article.
(2) The report under paragraph (1) shall set forth:
(i) A true copy of its return to the Federal Government of the annual taxable income arising or accruing in the calendar or fiscal year next preceding, or such part or portions of said return, as the department may designate;
(ii) If no return was filed with the Federal Government the report made to the department shall show such information as would have been contained in a return to the Federal Government had one been made; and
(iii) Such other information as the department may require. Upon receipt of the report, the department shall promptly forward to the Department of State, the names of the president, vice-president, secretary and treasurer of the corporation and the complete street address of the principal office of the corporation for inclusion in the records of the Department of State relating to corporation.
(b) It shall be the duty of each corporation liable to pay tax under this article to pay estimated tax under section 3003.21 and to make final payment of tax due for the taxable year with the annual report required by this section.
(c) The amount of all taxes, imposed under the provisions of this article, not paid on or before the times as above provided, shall bear interest as provided in section 806 of the act of April 9, 1929 (P.L. 343, No. 176),2 known as “The Fiscal Code,” from the date they are due and payable until paid, except that if the taxable income has been, or is increased by the Commissioner of Internal Revenue, or by any other agency or court of the United States, interest shall be computed on the additional tax due from thirty days after the corporation receives notice of the change of income until paid: Provided, however, That any corporation may pay the full amount of such tax, or any part thereof, together with interest due to the date of payment, without prejudice to its right to present and prosecute, an administrative petition or an appeal to court. If it be thereafter determined that such taxes were overpaid, the department shall enter a credit to the account of such corporation, which may be used by it in the manner prescribed by law.
(d) If the officers of any corporation shall neglect, or refuse to make any report as herein required, or shall knowingly make any false report, a penalty of five hundred dollars ($500) plus an additional one per cent for every dollar of tax determined to be due in excess of twenty-five thousand dollars ($25,000) shall be added to the tax determined to be due. No amounts added to the tax shall bear any interest whatsoever.
(e) If any corporation closes its fiscal year not upon December 31, but upon some other date, and reports to the Federal Government as of such other date, or would so report were it to make a return to the Federal Government, such corporation shall certify such fact to the department, and shall make the annual report, herein required, on or before the fifteenth day of the month following the due date of the return to the Federal Government, or would be due were it to be required of such corporation, subject in all other respects to the provisions of this article.
(f) If the corporation shall claim in its report that the return made to the Federal Government was inaccurate, the amount claimed by it to be the taxable income, taxable under this article, and the basis of such claim of inaccuracy, shall be fully specified.

Credits

1971, March 4, P.L. 6, No. 2, art. IV, § 403. Amended 1971, Sept. 9, P.L. 450, No. 105, § 3, imd. effective; 1982, June 23, P.L. 610, No. 172, § 2, effective in 60 days; 1985, July 1, P.L. 78, No. 29, § 9, imd. effective. Affected 1990, Dec. 19, P.L. 834, No. 198, § 401(a), imd. effective. Amended 1991, Aug. 4, P.L. 97, No. 22, § 19, imd. effective; 2006, Oct. 18, P.L. 1149, No. 119, § 15, imd. effective; 2013, July 9, P.L. 270, No. 52, § 20, imd. effective; 2016, July 13, P.L. 526, No. 84, § 15.2, imd. effective; 2021, April 22, P.L. 36, No. 10, § 2, imd. effective.

Footnotes

72 P.S. § 10003.2.
72 P.S. § 806.
72 P.S. § 7403, PA ST 72 P.S. § 7403
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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