act-2002-0-87•Pennsylvania Act 2002-87 — TAXPAYERS' BILL OF RIGHTS - AMEND INNOCENT SPOUSE RELIEF
Pennsylvania Act 2002-87 — TAXPAYERS' BILL OF RIGHTS - AMEND INNOCENT SPOUSE RELIEF
act-2002-0-872002 Pa. Act 87Law
Act text
TAXPAYERS' BILL OF RIGHTS - AMEND INNOCENT SPOUSE RELIEF
Act of Jun. 28, 2002, P.L. 522, No. 87 Cl. 72
Session of 2002
No. 2002-87
SB 33
AN ACT
Amending the act of December 20, 1996 (P.L.1504, No.195),
entitled, as reenacted and amended, "An act providing for the
rights and privileges of taxpayers, for designation of a
taxpayers' rights advocate and for the powers, duties and
responsibilities of the Department of Revenue and the
Taxpayers' Rights Advocate," further providing for innocent
spouse relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 212 of the act of December 20, 1996
(P.L.1504, No.195), known as the Taxpayers' Bill of Rights,
reenacted and amended June 22, 2001 (P.L.595, No.47), is amended
to read:
Section 212. Innocent spouse relief.
[Under regulations promulgated by the secretary, a taxpayer
filing a joint return under Article III of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, for a
taxable year shall be relieved of liability for tax, interest
and penalties for that taxable year to the extent such liability
is attributable to a substantial understatement by the
taxpayer's spouse. This section shall apply only if:
(1) On such joint return there is a substantial
understatement of tax attributable to grossly erroneous items
of one spouse.
(2) The other spouse establishes that in signing the
return such spouse did not know and had no reason to know
that there was such substantial understatement.
(3) Taking into account all the facts and circumstances,
it is inequitable to hold the other spouse liable for any
assessment for such taxable year attributable to such
substantial understatement.]
(a) General rule.--A taxpayer who has made a joint return
may elect to seek relief from liability in the circumstances
described in subsection 6015(b) or (c) of the Internal Revenue
Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). The
election under this subsection shall be filed with the
Taxpayers' Rights Advocate.
(b) Prompt action.--The Taxpayers' Rights Advocate, within
six months of receiving an election under this section, shall
dispose of the election. If, taking into account all the facts
and circumstances, it is inequitable to hold the taxpayer liable
for any unpaid tax or any deficiency and relief is not otherwise
available to the taxpayer, the Taxpayers' Rights Advocate may
relieve the individual of the liability. Prompt notice of the
action taken shall be given to the taxpayer. A denial of an
election or a failure to notify the taxpayer of a decision
within six months after the date an election is filed with the
Taxpayers' Rights Advocate may be appealed in the manner
provided by law for appeals from actions taken on a petition for
reassessment.
(c) Notice.--The department and the Board of Finance and
Revenue shall provide a taxpayer who has filed a joint return
but who does not elect to proceed under this section with
adequate notice and an opportunity to become a party to a
proceeding under this section.
(d) Regulations.--The department and the Board of Finance
and Revenue shall promulgate regulations necessary to implement
this section.
Section 2. This act shall take effect immediately.
APPROVED--The 28th day of June, A. D. 2002.
MARK S. SCHWEIKER
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