Section 7217 - Time for Filing Returns(a) Quarterly and Monthly Returns:(1) For the year in which this article becomes effective and in each year thereafter a return shall be filed quarterly by every licensee on or before the twentieth day of April, July, October and January for the three months ending the last day of March, June, September and December.(2) For the year in which this article becomes effective, and in each year thereafter, a return shall be filed monthly with respect to each month by every licensee whose actual tax liability for the third calendar quarter of the preceding year equals or exceeds six hundred dollars ($600) and is less than twenty-five thousand dollars ($25,000). Such returns shall be filed on or before the twentieth day of the next succeeding month with respect to which the return is made. Any licensee required to file monthly returns hereunder shall be relieved from filing quarterly returns.(3) With respect to every licensee whose actual tax liability for the third calendar quarter of the preceding year equals or exceeds twenty-five thousand dollars ($25,000) and is less than one hundred thousand dollars ($100,000), the licensee shall, on or before the twentieth day of each month, file a single return consisting of all of the following: (i) Either of the following:(A) An amount equal to fifty per centum of the licensee's actual tax liability for the same month in the preceding calendar year if the licensee was a monthly filer or, if the licensee was a quarterly or semi-annual filer, fifty per centum of the licensee's average actual tax liability for that tax period in the preceding calendar year. The average actual tax liability shall be the actual tax liability for the tax period divided by the number of months in that tax period. For licensees that were not in business during the same month in the preceding calendar year or were in business for only a portion of that month, fifty per centum of the average actual tax liability for each tax period the licensee has been in business. If the licensee is filing a tax liability for the first time with no preceding tax periods, the amount shall be zero.
(B) An amount equal to or greater than fifty per centum of the licensee's actual tax liability for the same month.(ii) An amount equal to the taxes due for the preceding month, less any amounts paid in the preceding month as required by subclause (i).(4) With respect to each month by every licensee whose actual tax liability for the third calendar quarter of the preceding year equals or exceeds one hundred thousand dollars ($100,000), the licensee shall, on or before the twentieth day of each month, file a single return consisting of the amounts under clause (3)(i)(A) and (ii).(5) The amount due under clause (3)(i) or (4) shall be due the same day as the remainder of the preceding month's tax.(6) The department shall determine whether the amounts reported under clause (3) or (4) shall be remitted as one combined payment or as two separate payments.(7) The department may require the filing of the returns and the payments for these types of filers by electronic means approved by the department.(8) Any licensee filing returns under clause (3) or (4) shall be relieved of filing quarterly returns.(9) If a licensee required to remit payments under clause (3) or (4) fails to make a timely payment or makes a payment which is less than the required amount, the department may, in addition to any applicable penalties, impose an additional penalty equal to five per centum of the amount due under clause (3) or (4) which was not timely paid. The penalty under this clause shall be determined when the tax return is filed for the tax period.(b) Annual Returns. For the calendar year 1971, and for each year thereafter, no annual return shall be filed, except as may be required by rules and regulations of the department promulgated and published at least sixty days prior to the end of the year with respect to which the returns are made. Where such annual returns are required licensees shall not be required to file such returns prior to the twentieth day of the year succeeding the year with respect to which the returns are made.(c) Other Returns. Any person, other than a licensee, liable to pay to the department any tax under this article, shall file a return on or before the twentieth day of the month succeeding the month in which such person becomes liable for the tax.(d) Small Taxpayers. The department, by regulation, may waive the requirement for the filing of quarterly return in the case of any licensee whose individual tax collections do not exceed seventy-five dollars ($75) per calendar quarter and may provide for reporting on a less frequent basis in such cases.Amended by P.L. 751 2012 No. 85, § 1.2, eff. 10/1/2012.1971, March 4, P.L. 6, No. 2, art. II, §217. Amended 1983 , July 21, P.L. 63, No. 29, § 1, effective in 15 days; 1985 , July 1, P.L. 78, No. 29, § 1, imd. effective; 2009 , Oct. 9, P.L. 451, No. 48, § 2, imd. effective.