Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8102-A. Imposition of tax; report; interest and penalties; tentative tax

(a) A tax is hereby imposed on the State taxable value of utility realty at a millage rate calculated under subsection (b).

(b) On or before November 1, 1999, for taxable year 1998, and on or before August 1, 2000, for taxable year 1999, and every year thereafter, the department shall calculate the millage rate for the taxable year and notify the public utility of the millage rate and the State taxable value of its utility realty. If an error in addition, subtraction, multiplication or division is present in a report or if an entry on a report is inconsistent with another entry and it is apparent which entry is correct, the millage rate shall be calculated using the correct mathematical result or entry. The public utility shall pay to the State Treasurer through the department a tax equal to the product of the millage rate and the State taxable value within forty-five days after the mailing date of the notice of determination.

(c) On or before May 1, 2000, for taxable year 2000, and every year thereafter, a public utility shall pay tentative tax equal to the lesser of:

(d) Any amounts paid for taxable years 1998 and 1999 shall be deemed to be payment on account of tentative tax for those taxable years.

(e) If the tax hereby imposed is not paid by the date herein prescribed, or within any extension granted by the department, the unpaid tax shall bear interest at the rate set forth in section 806 of the act of April 9, 1929 (P.L. 343, No. 176),  1 known as “The Fiscal Code,” and shall in addition be subject to a penalty of five per cent of the amount of the tax, which penalty may be waived or abated, in whole or in part, by the department unless the public utility has acted in bad faith, negligently, or with intent to defraud. If tentative tax is not paid by the date required under this section, the unpaid tentative tax shall bear interest at the rate set forth in section 806 of “The Fiscal Code” for the period of underpayment but not beyond September 15 of the year following the close of the taxable year.

(f) A payment of tax under subsection (c) shall include a report of the amount and manner of computation of the State taxable value of all utility realty and adjustments for the immediate preceding year. The report shall be made as prescribed by the department under oath or affirmation of the owner or responsible officer of the public utility. The report shall include:

(g) Reports required under this section for taxable year 1998 shall be submitted on or before September 1, 1999.