§ 305.13. Merger.
(a) When two or more corporations licensed for fuel use tax purposes are merged into a single corporation, the surviving corporation or new corporate entity shall report to the Department concerning the status of the merged corporation or corporations with respect to fuel use tax which may be due the Commonwealth from locations at which the merged corporation or corporations maintained corporate operations.
(b) The corporation which is merged shall report the merger to the Department in writing within 5 days of the date of merger. The notice shall contain the name and address of the purchaser or transferee.
(c) It shall be the duty of a purchaser of a corporation or of the resulting new corporate entity to surrender to the Department a fuel use tax license which had been issued to the corporation and to pay taxes, interest, penalties, fees and fines which are due from the corporation as of the date of merger, within 10 days of the date of the transaction.
(d) For the purpose of determining the amount of fuel use tax payable by the surviving corporation or new corporate entity, it shall apply for a fuel use tax license and it shall report on or before the next to the last business day of each month, upon forms prescribed by the Department and under oath or affirmation, the amount of fuel used at each of the corporation’s business locations during the preceding month.
(e) The surviving corporation or new corporate entity shall include with each report payment of the tax due on fuel used during the preceding month. Fuel not accounted for will be deemed to have been used for a taxable purpose.
(f) If the report is filed and the tax paid on time, a discount of 2.0% of the gross amount of tax shall be allowed to the corporation filing the report and remitting the tax.
Cross References This section cited in 61 Pa. Code § 305.12 (relating to definitions).
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