PRINTER'S NO. 752
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
766
Session of
2021
INTRODUCED BY GREINER, ROTHMAN, RYAN, MILLARD, GROVE, MENTZER,
DUNBAR, WARREN, ZIMMERMAN, JAMES, WHEELAND AND GILLEN,
MARCH 3, 2021
REFERRED TO COMMITTEE ON FINANCE, MARCH 3, 2021
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in corporate net income tax, further providing
for reports and payment of tax and for extension of time to
file reports.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 403(a)(1) and (e) and 405 of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, are amended to read:
Section 403. Reports and Payment of Tax.--(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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
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; [and]
(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.
* * *
(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, [within thirty days
after the return to the Federal Government is due] 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.
* * *
Section 405. Extension of Time to File Reports.--The
department may, upon application made to it, in such form as it
shall prescribe, on or prior to the last day for filing any
20210HB0766PN0752 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
annual report, and upon proper cause shown, grant to the
corporation, required to file such report, an extension of not
more than sixty days within which such report may be filed. If
the Federal income tax authorities grant an extension of time
for filing the reports with the Federal Government, the
department shall automatically grant an extension of time for
filing the annual report under this article [of thirty days
after] until the fifteenth day of the month following the
termination of the Federal extension, but the amount of tax due
shall, in such cases, nevertheless, be subject to interest from
the due dates and at the rates fixed by this article.
Section 2. The amendment or addition of sections 403(a)(1)
(iii) and (e) and 405 of the act shall apply to taxable years
beginning after December 31, 2020.
Section 3. This act shall take effect immediately.
20210HB0766PN0752 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15