The Pennsylvania Petition Form serves as a crucial document for individuals looking to challenge decisions made by the Board of Appeals or to request refunds for payments made to Commonwealth agencies. Designed for a straightforward submission process, it requires petitioners to detail their case, including pertinent facts, legal grounds, and desired relief, alongside providing all necessary evidence within a specified timeframe. With options for electronic or mail submission, the form facilitates a structured appeal process against decisions or assessments one deems incorrect or unjust.
In the intricate landscape of Pennsylvania's legal and financial systems, the Pennsylvania Petition Form emerges as an essential tool for individuals and organizations seeking redress or a review of specific financial and tax-related decisions. Crafted meticulously to cater to appeals against decisions of the Board of Appeals or to request refunds of monies unjustly paid to Commonwealth agencies (excluding the Department of Revenue), this form stands as a beacon of hope for rectifying financial grievances. With a comprehensive design that demands detailed information, including the Board of Appeals Docket Number, tax details, and the specific relief sought, the petition form requires petitioners to be thorough and precise in their submissions. Notably, the form also opens avenues for petitioners to request a hearing in Harrisburg or via video-conference, appealing directly to the Board of Finance and Revenue. To ensure a fair and informed decision-making process, all evidence supporting the petition must be submitted within 60 days from filing, and both the petitioner and the Department of Revenue are obliged to share their submissions with each other. What stands out is the form’s adaptability to electronic submissions, making it accessible and accommodating in today's digital age. Additionally, specific sections beckon for arguments and facts supporting the petition, ensuring that each case is presented with the depth and detail it rightfully deserves. This form not only embodies an essential procedural step for financial and tax-related appeals in Pennsylvania but also underscores the commitment of the Commonwealth to transparency, fairness, and justice in its financial and legal proceedings.
Board of Finance & Revenue
General Instructions
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This Petition Form should be used to petition to the Board of Finance and Revenue for:
•Review of decisions of the Board of Appeals.
•Refund of monies paid to an agency of the Commonwealth, other than the Department of Revenue, to which the Commonwealth is neither rightfully nor equitably entitled.
Any evidence in support of the petition should be submitted with the petition or within 60 days from the date the petition is iled.
Petitioner and the Department of Revenue must provide a copy of each submission provided to the Board to the other party. The preferred method is electronic submission (10MB limit). Submissions may be mailed/emailed to the following:
Board of Finance and Revenue
1101 South Front Street
Suite 400
Harrisburg, PA 17104-2539
Phone: (717) 787-2974
Fax: (717) 783-4499
bfr@patreasury.gov
Department of Revenue
Attn: BFR Matter
Ofice of Chief Counsel
327 Walnut Street, 10th Floor
P.O. Box 281061
Harrisburg, PA 17128-1061
Phone: (717) 346-4638
Fax: (717) 772-1459
RA-RVOCCBFRNOTIF@pa.gov
Note: Petitions of 20 pages or less do not need to be provided to the Department of Revenue.
BFR-003 (04262018)
Speciic Instructions by Section Number
Each number of the following instructions corresponds to the number of the appropriate section of the petition form. Complete all information applicable to your case.
1.Include the Board of Appeals Docket Number if available.
2.Complete all information. If Petitioner is not an individual, include a contact person.
3.Completed only if Petitioner intends to be represented by another. If so, all correspondence will be sent to the representative.
4.Complete all information, including the tax amount you are appealing. Check one of the two blocks indicating type of petition.
5.Hearings, if requested, are held in Harrisburg and via a video-conference site from Pittsburgh. Notice of the hearing date will be sent to the Petitioner or the Petitioner's representative. The Department of Revenue may attend a hearing and present argument to the Board.
If Petitioner wishes to request a compromise, check the compromise box and complete/ile the
Request for Compromise Form located at www.patreasury.gov/bfrassets/pdf/CompromiseForm.pdf within 30 days of iling the petition.
If the determination of the issue(s) involved in a Petitioner's case would be governed by the decision
of a case pending before a court, the Petitioner may request that its case be continued until the court renders a inal decision. After the court renders a inal decision, the Petitioner's case will be listed for hearing or decided on the record within six months.
6.All petitions must be signed by Petitioner or an authorized representative.
7.Briely list relief requested and basis for relief.
a.The petition must contain a statement of all pertinent facts and/or points of law upon which the Petitioner relies. Calculations showing the proper amount of tax or refund should be supplied.
All evidence in support of the arguments set forth should be submitted with the petition or within 60 days from the date the petition is iled. Late submissions may not be considered by the Board.
b.Explain in detail why the relief requested should be granted. Attach a copy of the notice being appealed (usually the BOA Decision). Petitions for Refund must be accompanied by proof of payment. When appealing sales and use tax, if possible include a copy of the audit, assessment and a REV-39 Appeal Schedule. When appealing personal income tax, include a copy of the PA-40 with schedule(s) for the year(s) at issue.
Petition Form
1
BOARD OF APPEALS DOCKET NUMBER(S)
DOCKET NUMBER
2
PETITIONER
NAME OF PETITIONER
CONTACT PERSON
STREET ADDRESS
CITY
STATE
ZIP
TELEPHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
3
REPRESENTATIVE
NAME OF REPRESENTATIVE / CONTACT PERSON
NAME OF ORGANIZATION / FIRM
4
TAX TYPE AT ISSUE
TAX TYPE
TAX PERIOD START
TAX PERIOD END
TAXPAYER IDENTIFICATION NUMBER
ASSESSMENT NUMBER
TAX AMOUNT
E.G.(SSN, EIN, ACCT. #)
Review of Resettlement / Reassessment Petition
Review of Refund Petition
5
SCHEDULING
HEARING DESIRED.
NO HEARING DESIRED. Please decide on the basis of petition and submission(s).
REQUEST FOR COMPROMISE. See instructions.
THIS CASE IS REQUESTED TO BE HELD PENDING ACTION OF THE COURT ON THE SAME ISSUE(S).
CASE NAME
COURT CITATION
6SIGNATURES All petitions must be signed by Petitioner or an authorized representative.
AFFIDAVIT
Under penalties prescribed by law, I hereby afirm that this petition has been examined by me and to the best of my
knowledge, information and belief, is true and correct and is not made for the purpose of delay. Also, if this is a petition for a cash refund, I further afirm that all taxes have been paid to the Commonwealth and there are no outstanding tax liabilities.
Please check one:
SIGNATURE
AUTHORIZED REPRESENTATIVE
PRINT NAME
DATE
7A RELIEF REQUESTED:
7B ARGUMENTS:
FOR PAPER SUBMISSION(S):
FOR ELECTRONIC SUBMISSION(S):
Email: bfr@patreasury.gov
1101 South Front Street, Suite 400
Fax: 717.783.4499
Phone: 717.787.2974
Filling out the Pennsylvania Petition form is a vital step for individuals or businesses seeking a review of decisions by the Board of Appeals or a refund of monies paid to an agency of the Commonwealth. It's important to accurately complete each section of the form to ensure your petition is properly reviewed. Below are step-by-step instructions to guide you through this process.
Once completed, petitions can be submitted either electronically (up to a 10MB limit) to the email address provided or via mail to the physical address listed on the form. Ensure you also send a copy of your submission to the Department of Revenue if your petition exceeds 20 pages. Remember to compile and attach all necessary evidence and documents in support of your petition before sending it off.
What is the Pennsylvania Petition Form and when should I use it?
The Pennsylvania Petition Form is a document designed for individuals or entities to appeal decisions made by the Board of Appeals or to request refunds for monies paid to any agency of the Commonwealth, except the Department of Revenue, which are believed to be unjustly or erroneously collected. You should use this form if you are seeking a review of a decision by the Board of Appeals or if you are requesting a refund and have evidence or arguments supporting why the Commonwealth is not entitled to keep the payments you made.
How do I submit evidence or documents in support of my petition?
Any evidence or documents that support your petition should be submitted alongside the petition form itself or within 60 days from the date the petition is filed. This includes any pertinent facts, points of law, calculations, or proof of payment that bolster your case. Submissions can be made either electronically, with a 10MB limit, or via mail/email as detailed in the petition form instructions. It is critical that a copy of each submission provided to the Board is also sent to the opposing party, unless the documentation is 20 pages or less, which doesn't require submission to the Department of Revenue.
Can I request a hearing for my petition, and how is it conducted?
Yes, you can request a hearing for your petition. When filling out the petition form, you should indicate whether you desire a hearing or prefer the Board to decide based on the petition and your submissions. Hearings are conducted in Harrisburg and via a video-conference site from Pittsburgh. The notice of the hearing date will be sent to you or your representative, and the Department of Revenue may attend to present their arguments. Additionally, if you're considering a compromise, you must check the appropriate box and complete/file the Request for Compromise Form within 30 days of filing the petition.
What happens if my case is related to an issue currently pending in court?
If the determination of your petition's issues would be governed by a case already pending before a court, you have the option to request that your case be held until a final decision is rendered by the court. To do this, indicate on the petition form that you are requesting your case to be held pending court action. Once a final decision is made by the court, your case will be scheduled for a hearing or decided on the record within six months.
Do I need to sign the Pennsylvania Petition Form?
Yes, all petitions must be signed by either the petitioner themselves or an authorized representative. By signing the petition, you affirm under penalty of law that the information provided in the petition is true, correct, and not made for purposes of delay. Additionally, if your petition is for a cash refund, you must also affirm that all taxes have been paid and there are no outstanding tax liabilities to the Commonwealth. It's a crucial final step to ensure your petition is processed correctly.
One common mistake is failing to include the Board of Appeals Docket Number when it is available. This number is crucial for the Board to identify and review the case properly.
A second mistake involves not filling in all the required information in Section 2 of the form. Every field, including the contact person's details if the petitioner is not an individual, is important for correct processing of the petition.
Another frequent oversight occurs in Section 3, where petitioners fail to indicate whether they intend to be represented by another person. If representation is desired, all correspondence from the Board will be directed to the named representative, making this a crucial detail.
Choosing the correct type of petition in Section 4 and accurately detailing the tax amount being appealed is often misunderstood. Indicating whether the petition is for a review of resettlement/reassessment or a refund is crucial and must be completed accurately.
In Section 6, forgetting to sign the petition or having it signed by an unauthorized representative is a critical mistake. The signature affirms the petition’s truthfulness and complies with legal requirements.
Last but not least, in Section 7, petitioners often fail to provide a detailed explanation of the relief requested and the supporting arguments. This explanation should include relevant facts, points of law, and any supporting evidence to substantiate the petition’s claims.
Correcting these mistakes can significantly improve the chances of a petition being accepted and properly reviewed by the Board of Finance and Revenue.
Filing a petition to the Board of Finance and Revenue in Pennsylvania can often be just the starting point when you're navigating through tax disputes or seeking refunds. To strengthen your case or ensure all procedural requirements are met, several additional forms and documents might be necessary. Understanding each and their role can significantly enhance your preparedness.
Handling these forms can feel overwhelming, but each plays a vital role in the process. Whether you're appealing a tax decision, requesting a compromise, or proving payment, having the right documents organized and ready can make a significant difference in the outcome of your petition. Ensuring each form is accurately completed and promptly submitted is key to navigating the process with confidence.
The Pennsylvania Petition form is similar to other legal documents in its structure and purpose. These include the Notice of Appeal forms and Request for Refund forms, each serving distinct functions within the legal and administrative landscapes. Understanding the similarities among these documents can be helpful for individuals or entities looking to navigate their legal rights and obligations.
Notice of Appeal Forms: Like the Pennsylvania Petition form, Notice of Appeal forms are utilized to challenge decisions or actions, but typically within the judicial context. They share a fundamental resemblance in allowing the appellant to specify the decision under dispute and present their basis for challenging it. Both documents necessitate the inclusion of detailed information about the case, such as docket numbers and the parties involved. Additionally, they often require the appellant to outline the relief being sought and to affirm the accuracy of the information provided under penalties of law. The significant distinction lies in their operational domains, with Notice of Appeal forms primarily focused on judicial decisions, whereas the Pennsylvania Petition form targets administrative decisions within the Commonwealth’s agencies.
Request for Refund Forms: These forms are akin to sections of the Pennsylvania Petition form that pertain to the refund of monies. Both demand specific details about the claimant and the nature of the refund being sought. Key similarities include the necessity to provide a robust justification for the refund, supported by pertinent legal and factual background. Evidence such as proof of payment and related financial documents is crucial in both instances to substantiate the claim. The primary difference is that Request for Refund forms are generally used for a narrower range of financial recourses – focusing on specific types of refunds – while the Pennsylvania Petition form can encompass a broader variety of requests beyond just refunds, including the review of decisions by the Board of Appeals.
When it comes to navigating through legal paperwork, the process can sometimes seem daunting. Filling out the Pennsylvania Petition form, a necessary step for individuals seeking a review of decisions or a refund from the Commonwealth of Pennsylvania, is no exception. There are important dos and don'ts to consider, ensuring your petition is processed efficiently and effectively.
Here's a straightforward guide to help you navigate the process:
These simple yet important guidelines can help streamline the petition process and avoid common pitfalls. By adhering to these recommendations, petitioners can help ensure their submissions are complete, timely, and correctly addressed to the Board of Finance and Revenue, thereby facilitating a smoother review process.
When it comes to navigating the complex landscape of Pennsylvania's legal system, the process of submitting a Petition to the Board of Finance and Revenue is fraught with misconceptions. Understanding the intricacies of this petition form can be daunting, but debunking some common myths can clarify the process, thus equipping individuals with the knowledge needed to effectively advocate for their rights.
Myth 1: The petition form is only for appealing tax decisions. While it's true that one significant function of the petition is to facilitate the review of decisions by the Board of Appeals, particularly those related to taxes, this form has a broader application. It also allows individuals to request a refund of monies paid to any agency of the Commonwealth when those funds are not rightfully or equitably owed. This expansive use underscores the document's role beyond mere tax disputes.
Myth 2: Any evidence supporting the petition can be submitted at any time. Although the form outlines the necessity of submitting evidence alongside the petition, there is a clear deadline: evidence must be submitted within 60 days from the date the petition is filed. Late submissions may face the possibility of not being considered by the Board, underscoring the importance of adhering to specified timelines to ensure a thorough review of one’s case.
Myth 3: If the petition does not exceed 20 pages, it does not need to be shared with the Department of Revenue. This statement holds a grain of truth; however, it’s crucial to understand its context. Petitions of 20 pages or fewer are indeed exempt from the requirement to be provided to the Department of Revenue. This intricacy highlights the procedural nuances of the petition process and the specific conditions under which certain requirements are waived.
Myth 4: A hearing will automatically be scheduled upon filing the petition. The reality is that the scheduling of a hearing is contingent upon the petitioner's explicit request. The form allows applicants to indicate whether they desire a hearing or prefer the Board to decide based on the petition and submissions alone. Furthermore, for those who request a hearing, options include appearing in person in Harrisburg or via a video-conference site from Pittsburgh, offering flexibility in how one can participate in the process.
Myth 5: The petition process is isolated from ongoing court cases. On the contrary, the petition explicitly accommodates situations where the issue at hand is also being decided in court. If the outcome of a petitioner's case potentially hinges on a court's final decision on a related matter, the petitioner may request to have their case held until after the court has rendered its judgment. This provision ensures that the Board’s review process takes into account the broader legal context, potentially affecting the outcome of the petition.
Understanding these misconceptions and their corresponding realities offers a clearer view of the Pennsylvania Petition form's logistics and requirements. This knowledge empowers individuals to navigate the system more effectively, making informed decisions throughout the process.
Filling out and using the Pennsylvania Petition form is an important process for those seeking a review of decisions or requesting refunds related to taxes and other monies paid to Commonwealth agencies. Here are some key takeaways to guide you through the process:
It's important to adhere closely to these instructions and requirements when completing the Pennsylvania Petition form. Properly understanding and following these guidelines will ensure your petition is processed smoothly and efficiently.
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