PRINTER'S NO. 3322
No. 2489 Session of 1982
INTRODUCED BY DOMBROWSKI, PISTELLA, WILSON AND CAPPABIANCA,
MAY 4, 1982
REFERRED TO COMMITTEE ON FINANCE, MAY 4, 1982
AN ACT
1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled
2 "An act relating to the finances of the State government;
3 providing for the settlement, assessment, collection, and
4 lien of taxes, bonus, and all other accounts due the
5 Commonwealth, the collection and recovery of fees and other
6 money or property due or belonging to the Commonwealth, or
7 any agency thereof, including escheated property and the
8 proceeds of its sale, the custody and disbursement or other
9 disposition of funds and securities belonging to or in the
10 possession of the Commonwealth, and the settlement of claims
11 against the Commonwealth, the resettlement of accounts and
12 appeals to the courts, refunds of moneys erroneously paid to
13 the Commonwealth, auditing the accounts of the Commonwealth
14 and all agencies thereof, of all public officers collecting
15 moneys payable to the Commonwealth, or any agency thereof,
16 and all receipts of appropriations from the Commonwealth and
17 imposing penalties; affecting every department, board,
18 commission, and officer of the State government, every
19 political subdivision of the State, and certain officers of
20 such subdivisions, every person, association, and corporation
21 required to pay, assess, or collect taxes, or to make returns
22 or reports under the laws imposing taxes for State purposes,
23 or to pay license fees or other moneys to the Commonwealth,
24 or any agency thereof, every State depository and every
25 debtor or creditor of the Commonwealth," further providing
26 for notice and interest payments to certain taxpayers.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Section 806, act of April 9, 1929 (P.L.343,
1 No.176), known as "The Fiscal Code," amended April 8, 1982
2 (No.78), is amended to read:
3 Section 806. Interest on Taxes Due the Commonwealth.--All
4 taxes due the Commonwealth, as provided by law, shall bear
5 interest at the rate established by law upon the date they
6 become due and payable until paid. From and after the effective
7 date hereof, all such taxes which become due and payable shall
8 bear interest at the rate established by the Secretary of the
9 Treasury of the United States under the provisions of section
10 6621 of the Internal Revenue Code as amended by section 711 of
11 the Economic Recovery Tax Act of 1981 per annum from the date
12 they are due and payable until paid: Provided, That no penalties
13 shall bear any interest whatsoever. The payment of interest, as
14 aforesaid, shall not relieve any person, association, or
15 corporation, from any of the penalties, commissions or
16 additional tax prescribed by law for neglect or refusal to
17 furnish timely returns or reports to the Department of Revenue,
18 or to pay any claim due to the Commonwealth from such person,
19 association, or corporation. The Secretary of Revenue shall,
20 from time to time, publish the rate of interest and the
21 commencement date thereof in the Pennsylvania Bulletin. In the
22 case of any tentative tax or installment payment, interest shall
23 run on any unpaid amount from the last day the payment is due to
24 the date paid.
25 Whenever the tax liability of a taxpayer is so affected by
26 any payment or credit, settlement or resettlement, assessment or
27 reassessment or determination or redetermination as to change
28 the interest liability of such taxpayer, such interest liability
29 shall be recomputed and adjusted by the Department of Revenue
30 and the Department of the Auditor General so as to correspond to
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1 the tax liability as changed, without the necessity for the
2 filing of any petition or request by the taxpayer or by said
3 departments and the taxpayer shall be notified of such change
4 within sixty (60) days. In the event that the department does
5 not recompute the interest and notify the taxpayer within the
6 prescribed time limit, no interest shall be charged from the
7 date the taxpayer should have been notified of the recomputed
8 interest due until a date thirty (30) days after the date on
9 which the taxpayer is actually notified.
10 Section 2. This act shall take effect immediately.
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