72 Pa. Stat. § 10003.14

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 10003.14 - Immediate assessment, settlement or collection to prevent tax avoidance
(a) Notwithstanding Articles IV, VIII and X of the act of April 9, 1929 (P.L. 343, No. 176), known as "The Fiscal Code," andsection 407 of this act, the Department of Revenue may make an immediate assessment or settlement of any tax imposed in accordance with Article II, IV or VI and any interest or penalty due if the department finds that, without immediate action by the department, the tax, interest or penalty due will be in jeopardy of not being collected because the taxpayer intends to do any of the following without paying the tax, interest or penalty due:
(1) Immediately depart this Commonwealth.
(2) Remove property from this Commonwealth used in activities which are subject to any tax imposed by this act.
(3) Discontinue doing business in this Commonwealth.
(4) Do any other act which would prejudice or render ineffective, either in whole or in part, proceedings to assess, settle or collect any tax, interest or penalty due.
(b) The department shall give notice to the person and a demand for filing an immediate return or report and paying the tax, interest or penalty due.
(c) The department may issue a civil citation to collect any assessment or settlement made under subsection (a).
(d) Except as provided in subsection (e), the department may compel security, including the detention of tangible personal property, for any tax, interest or penalty assessed or settled under subsection (a).
(e) The department may not detain tangible personal property of a taxpayer under this section if the taxpayer does any of the following:
(1) Presents a valid Pennsylvania sales tax license to the authorized employes of the department.
(2) Posts bond in an amount to be determined by the department.
(3) Pays the tax, interest or penalty due under this section.

72 P.S. § 10003.14

1971, March 4, P.L. 6, No. 2, art. XXX, § 3003.14, added 2002, June 29, P.L. 559, No. 89, § 31, effective 7/1/2002.