Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 7213.1. Election

(a) Subject to the provisions of subsections (c) and (d), on or before March 1, 2018, and on or before June 1 of each calendar year thereafter, beginning June 1, 2019, a remote seller, a marketplace facilitator or a referrer that had aggregate sales at retail of tangible personal property subject to tax under this article within this Commonwealth or delivered to locations within this Commonwealth worth at least ten thousand dollars ($10,000) during the immediately preceding twelve-calendar-month period shall file an election with the department to collect and remit the tax imposed under section 202   1 or to comply with the notice and reporting requirements.  The election shall be made on a form and in a manner prescribed by the department and, except as provided in subsection (e), shall apply to the next succeeding fiscal year.

(b) A remote seller, a marketplace facilitator or a referrer that makes an election under subsection (a) to collect and remit the tax imposed under section 202 shall obtain a license under Part IV of this article.  2

(c) The requirement by a marketplace facilitator to make an election under subsection (a) shall only apply to the following:

(d) The requirement by a referrer to make an election under subsection (a) shall only apply to sales at retail:

(e) An election made on or before March 1, 2018, shall be in effect for the balance of the 2017-2018 fiscal year and for the 2018-2019 fiscal year.  A remote seller, a marketplace facilitator or a referrer may change an election to comply with the notice and reporting requirements to an election to collect and remit the tax imposed under section 202 at any time during a fiscal year by filing a new election with the department and obtaining a license under Part IV of this article.  The new election shall be effective thirty days after the filing and shall be effective for the balance of the fiscal year in which the new election was filed and for the next succeeding fiscal year.

(f) A remote seller, a marketplace facilitator or a referrer who does not submit an election under subsection (a) or a new election under subsection (e) shall be deemed to have elected to comply with the notice and reporting requirements.

(g) In addition to records that may be required to be maintained under other applicable provisions of this article by a remote seller, a marketplace facilitator or a referrer, a remote seller, a marketplace facilitator or a referrer subject to this part shall also be subject to section 271   3 relating to the keeping of records and section 272   4 relating to the examination of records by the department and agents and employes of the department.