The Inheritance and Estate Tax Act — Part X

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 (Article XXI of the Tax Reform Code of 1971, Act of March 4, 1971, P.L. 6, No. 2, added by Act of Aug. 4, 1991, P.L. 97, No. 22, as amended.)

— REFUND OF TAX —

Section 2181. Refund of Tax.

___(a) A refund shall be made of any tax to which the Commonwealth is not rightfully or equitably entitled provided the Commonwealth determines the refund is due or application for refund is made within the appropriate time limit as set forth in subsection (d).

___(b) Interest shall be paid on refundable tax at the same rate as the interest rate on deficiencies provided for in section 2143.

___(c) Refund shall be made in cash to the party who paid the tax or to his assignee or as directed by the court.

___(d) Application for refund of tax shall be made within two years after:

______(1) the court has rescinded its order and adjudication of presumed death when the refund is claimed for tax paid on the transfer of the estate of a presumed decedent who is later determined to be alive;

______(2) termination of litigation establishing a right to a refund; no application for refund shall be necessary when the litigation has been with the Commonwealth over liability for the tax or the amount of tax due;

______(3) it has been finally determined that the whole or any part of an alleged deficiency tax, asserted by the Federal Government beyond that admitted to be payable, and in consequence of which an estate tax was paid under section 2117 was not payable;

______(4) a final judgment holding that a provision of this article under which tax has been paid is unconstitutional or that the interpretation of a provision of this article under which tax has been paid was erroneous; or

______(5) the date of payment, or the date of the notice of the assessment of the tax, or the date the tax becomes delinquent, whichever occurs later, in all other cases.

___(e) An application for refund of tax shall be made to the Board of Finance and Revenue.

___(f) The action of the Board of Finance and Revenue on all applications for refund of tax may be appealed as provided for in 42 Pa.C.S. Æ 933 (relating to appeals from government agencies).

___(g) As much of the moneys received as payment of tax under this article as shall be necessary for the payment of the refunds provided for in this article with interest is appropriated for the payment of such refunds.

[Note: Section 42(b) of Act 48 of 1994 provided that section 2181 is repealed to the extent that it conflicts with the provisions of Act 48 for filing with the Board of Finance and Revenue of petitions for the refund of taxes and other moneys collected by the Department of Revenue.]

 


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Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
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