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§ 8276. Failure to furnish information, returning false information or failure to permit an ins...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: January 1, 2002

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 XII. Cigarette Tax (Refs & Annos)
Part IX. Penalties and Enforcement
Effective: January 1, 2002
72 P.S. § 8276
§ 8276. Failure to furnish information, returning false information or failure to permit an inspection
(a) Any dealer who fails to keep or make any record, return, report, inventory or statement, or keeps or makes any false or fraudulent record, return, report, inventory or statement required by this article or section 214-A, 215-A or 216-A of the act of April 9, 1929 (P.L. 343, No. 176),1 known as “The Fiscal Code,” shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of five hundred dollars ($500) and costs of prosecution and to suffer imprisonment of not more than one year, or both, in the discretion of the court. Notwithstanding any fine imposed by a court of competent jurisdiction in accordance with this subsection or by the department under section 229-A(c)2 of “The Fiscal Code,” if the dealer is a cigarette stamping agent, the department may impose an administrative fine of not more than five thousand dollars ($5,000) and, upon notice, may suspend the right of the cigarette stamping agent to purchase cigarette tax stamps for six months. If a cigarette stamping agent's right to purchase cigarette tax stamps is suspended pursuant to this subsection more than twice, after a hearing, the department shall revoke the license of the cigarette stamping agent; and, for a period of two years, the department shall reject any application by the stamping agent for a license under section 204-A3 of “The Fiscal Code.”
(b) The department is hereby authorized to examine the books and records, the stock of cigarettes and the premises and equipment of any dealer in order to verify the accuracy of the payment of the tax imposed by this article. Every such person is hereby directed and required to give to the department or its duly authorized representative, the means, facilities and opportunity for such examinations. Wilful refusal to cooperate with or permit such examination to the satisfaction of the department shall be sufficient grounds for the suspension or revocation of any license issued hereunder, and in addition thereto shall constitute a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of five hundred dollars ($500) and costs of prosecution and to suffer imprisonment of not more than one year or both.

Credits

1971, March 4, P.L. 6, No. 2, art. XII, § 1276, added 1981, Dec. 21, P.L. 482, No. 141, § 5, effective in 30 days. Amended 2001, June 22, P.L. 353, No. 23, § 18, effective Jan. 1, 2002.

Footnotes

72 P.S. §§ 214-A, 215-A, 216-A.
72 P.S. § 229-A.
72 P.S. § 204-A.
72 P.S. § 8276, PA ST 72 P.S. § 8276
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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