Pennsylvania Code › Title 61 - REVENUE › Part I - Department of Revenue › Subpart B - General Fund Revenues › Article III - Cigarette and Beverage Taxes › Chapter 73 - EMERGENCY AND LIMITED MALT BEVERAGE TAX CREDIT › Section 73.54 - Report applying for tax credit

Current through Register Vol. 54, No. 28, July 13, 2024
A taxpayer desiring to claim a tax credit or credits
						under this act shall from time to time, in accordance with regulations
						promulgated by the Secretary, report to the Secretary the nature, amounts and
						dates of qualifying capital expenditure made by him and other information the
						Secretary shall require. If satisfied as to the correctness of the report, the
						Secretary shall issue to the taxpayer a certificate establishing the amount of
						qualifying capital expenditures made by the taxpayer and included within the
						report.
(1) Effective September 30,
					 1974, a taxpayer may no less than 4 weeks prior to making a commitment of
					 expenditures regarding a qualifying capital expenditure notify the Secretary in
					 writing by personal delivery or certified mail, of the renewal or improvement
					 intended to be made and fully describe the same. The Secretary may, at his
					 discretion, cause an examination to be made of the taxpayer's capital
					 facilities to ascertain what renewal and improvement, or either, of the capital
					 facilities is intended. No report provided for in this subchapter or the act
					 may be made or submitted by a taxpayer, nor may a tax credit for any renewal
					 and improvement of the capital facilities be allowed, nor may a certificate
					 establishing an amount of qualifying capital expenditures be made or tax credit
					 allowed, whichever shall in the Secretary's discretion be applicable, unless
					 the foregoing written notification has been submitted by the
					 taxpayer.
(2) When the amounts
					 paid, as defined in this chapter, shall be for the purchase of items of plant,
					 machinery and equipment, as defined in this chapter or in the act, the taxpayer
					 shall within 30 days after completion of the construction or installation of
					 these items of plant, machinery or equipment, deliver to the Secretary, in
					 writing, by personal delivery or certified mail, notice of the completion or
					 installation. The Secretary, at his discretion, may cause an inspection to be
					 made of the taxpayer's capital facilities to determine that the construction or
					 installation has been completed and the plant, machinery or equipment has been
					 placed into use or a valid reason for nonuse, and withhold the application of
					 any tax credit or the issuance of a certificate provided for in this section
					 until such construction or installation has been fully completed.
(3) Every report provided for in this section
					 or in the act shall include and have attached thereto a full description of the
					 items of plant, machinery or equipment, which is the subject matter of the
					 report and which is concerned in any claim for a tax credit, including in
					 detail the nature, amounts and dates of the qualifying capital expenditures
					 made by the taxpayer, together with a written and signed statement, by the
					 taxpayer or an officer thereof, under oath or verified so as to subject the
					 maker of the same to the penalties of perjury for any false statement,
					 including attachments, in the report, that the statements, items and amounts in
					 the report and the attachments thereto are fully true, exact, correct and
					 authentic, and submit exact copies of all documents, and the like, in support
					 thereof including, but not restricted to, contracts, bills, receipts and other
					 related papers pertaining to the qualifying capital expenditures.
(4) It shall be the duty of the taxpayer to
					 maintain auditable records schedules and relevant supporting data regarding tax
					 credit claims until January 31, 1980. In addition, a schedule of payments and
					 commitments shall be accurately maintained and be explicitly identifiable as to
					 the amounts paid as well as the qualifying capital expenditure.
(5) Every taxpayer shall keep and retain full
					 and complete books of account records and appropriate subsidiary accounts and
					 data as to every qualifying capital expenditure, reports with attachments and
					 every tax credit allowed and every certificate issued under the act as to
					 qualifying capital expenditures by the Secretary for a period of not less than
					 3 years after December 31, 1977, or later date as the Secretary may in writing
					 notify the taxpayer on or prior to December 31, 1977. All records shall be
					 subject to examination by the Department. Every taxpayer shall give to the
					 Department, or its duly authorized representative, reasonable means, facilities
					 and opportunity for these examinations and audits.
(6) The Secretary may, from time to time,
					 prepare and require the use of forms deemed needed or necessary to carry out
					 the act and this chapter.
The provisions of this §
													73.54 issued under the Malt
						  Beverage Tax Law (47 P.S. §
														112.1
						  (Repealed)).