§19-1703. Refunds.
(1) (a) The Department of Revenue may grant a refund, in
whole or in part, upon determination that a tax, water or sewer rent, license
fee or other charge, interest or penalty, or any part thereof, has been paid
under mistake of law or fact, or under an invalid
law.
[239] (b) Every
petition for refund of moneys collected by the Department on or before December
31, 1979, for or on behalf of the City of Philadelphia, including but not
limited to any tax, water or sewer rent, license fee or other charge, and
interest and penalties thereon, shall be filed with the Department within 6
years from the date of payment of the
City.
[240] (c) Every
petition for refund of moneys collected by the Department on or before December
31, 1979, for or on behalf of the School District of Philadelphia, including but
not limited to any tax, license fee or other charge, and interest and penalties
thereon, shall be filed with the Department within 2 years from the date of
payment
thereof.
[241] (d) Every
petition for refund of moneys collected by the Department on or after January 1,
1980, for or on behalf of the City or the School District of Philadelphia,
including but not limited to any tax, water or sewer rent, license fee or other
charge, and interest and penalties thereon, shall be filed with the Department
within 3 years from the date of payment to the City or the School District of
Philadelphia or the due date, whichever is
later.
[242] (2) Every
petition for refund shall state the reasons upon which the petitioner relies and
shall include a certification by the petitioner that the facts set forth therein
are true.
(3) The Department shall, within a reasonable time, consider
each petition for refund and notify the petitioner in writing of its decision
thereon.
[243] (4) A
decision of the Department granting a refund in whole or in part shall become
final only after it has been reviewed, approved, and/or modified by the Tax
Review Board; provided that such review and approval is not required where the
Department grants a refund because of an overpayment resulting from duplication
of payments or mathematical error in computation or other mechanical error such
as a typographical error, or when the Department grants a refund which is less
than one thousand ($1,000)
dollars.
[244] (5) When the
Department grants a refund in a case which does not require the review and
approval of the Tax Review Board, then upon certification thereof to the
Director of Finance, the City Controller and the City Treasurer, the Treasurer
shall make payment of such refund to the petitioner or, where the petitioner is
indebted to the City or the School District of Philadelphia, the account of such
petitioner may be credited with the amount of such
refund.
[245] (6) Before
the Tax Review Board disapproves or modifies any refund granted by the
Department, it shall afford the petitioner and the Department a hearing before
the Board.
[246] (7) Any
decision of the Department denying a refund in whole or in part may be appealed
to the Tax Review Board by the petitioner within 90 days after the mailing of
notice of such decision to the petitioner by the
Department.
[247] (8) When
the Tax Review Board grants a refund in whole or in part and no appeal is taken
from such decision within 30 days after notice of such decision is given, then
upon certification thereof by the Tax Review Board to the Director of Finance,
the City Controller and the City Treasurer, the Treasurer shall make payment of
such refund to the petitioner or, where the petitioner is indebted to the City
or the School District of Philadelphia, the account of such petitioner may be
credited with the amount of such
refund.
[248] (9) Any
refund made pursuant to the provisions of this Section shall be charged against
the account to which the payment was originally credited unless otherwise
determined by the Director of Finance in accordance with sound accounting
practice, and no other councilmanic authorization for payment shall be
required.