Pennsylvania Code
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COMMONWEALTH OF PENNSYLVANIA

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61 Pa. Code § 158.5. Settlement and resettlement of tax.

§ 158.5. Settlement and resettlement of tax.

 (a)  Settlement. Settlement of tax due shall be made, so far as possible, so that notice thereof may be mailed to the institution before the end of the year succeeding the year for which the tax report was made. See section 801 of the FC (72 P. S. §  801). In the case of an institution which requests an extension of time in which to file its report, settlement shall be made, so far as possible, so that notice thereof may be mailed to the institution not later than 60 days after the end of the year succeeding the year for which the tax report was made. In the case of a tax report which is filed after the original due date, or if an extension has been requested, after the extended due date, settlement shall be made, so far as possible, so that notice thereof may be mailed to the institution before the end of the year succeeding the year in which the report was filed with the Department.

 (b)  Resettlement. Within 90 days after the date upon which the copy of a settlement was mailed to the institution with which the settlement was made, the institution or the Commonwealth may file with the Department a petition for resettlement. See section 1102 of the FC (72 P. S. §  1102). Within 2 years of a settlement or resettlement, except those appealed from, the Department may resettle the tax due (see section 1105 of the FC (72 P. S. §  1105)). With respect to settlements or resettlements which have been appealed from, the Department is authorized to resettle under section 1105 of the FC if the Board of Finance and Revenue has not acted upon taxpayer’s petition. If the Board of Finance and Revenue has acted upon taxpayer’s petition, the Department will have authority to make a resettlement, if the resettlement does not negate and is consistent with the action of the Board of Finance and Revenue on an issue raised before the Board.


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