(1) A person with outstanding balances for interest
and/or penalty in amounts equal to or less than ten thousand (10,000) dollars
accruing upon any unpaid money or claim collectible by the Department of Revenue
for or on behalf of the City or School District of Philadelphia, may file a
petition for the waiver of same with the Revenue Commissioner upon the filing of
such petition the Revenue Commissioner or his or her designee may abate in whole
or in part interest or penalty, or both, where in the opinion of the Revenue
Commissioner the petitioner acted in good faith and without negligence and had
no intent to
defraud.
[251] Such
petitions must be filed within sixty (60) days of the date of the bill noted on
the first billing of any amount that is the subject of the petition, and must
specify the reason(s) for seeking relief therefrom.
The Commissioner
shall, within a reasonable time, consider each petition and notify the
petitioner in writing of the decision made. If the decision is not satisfactory
to the petitioner, the petitioner may file a petition with the Tax Review Board
pursuant to subsection 19-1702(2), provided such petition is filed within thirty
(30) days after the mailing of notice of the Revenue Commissioner's
decision to the petitioner or the petitioner's
representative.
(2) Upon the filing of any petition for the waiver of
interest and penalties accruing upon any unpaid money or claim collectible by
the Department of Revenue, for or on behalf of the City or the School District
of Philadelphia, the Tax Review Board may abate in whole or in part interest or
penalties, or both, where in the opinion of the Board the petitioner acted in
good faith, without negligence and no intent to
defraud.
[252] (3) The
filing of a Petition for Review shall be deemed to include therein, whether or
not specifically stated, a request for the waiver of interest and penalties. The
Board shall rule upon the waiver of interest and penalties in conjunction with
its ruling upon the Petition for Review. The failure of the Board to abate
interest or penalties in whole or in part in its decision on the Petition for
Review shall have the effect of a denial of such
abatement.
[253]