The Pennsylvania BFR 003 form is a petition form used to request a review from the Board of Finance and Revenue. Taxpayers can use this form to appeal decisions made by the Board of Appeals or to seek refunds for taxes paid. Completing this form accurately is essential for a successful petition process.
The Pennsylvania BFR 003 form is an essential document for individuals and entities seeking to petition the Board of Finance and Revenue regarding tax matters. This form serves multiple purposes, including requests for the review of decisions made by the Board of Appeals, assessments, redeterminations, or resettlements by the Department of Revenue. Additionally, it facilitates the process for taxpayers seeking refunds of payments made to the Commonwealth. The form requires detailed information about the petitioner, including their contact details, the type of tax involved, and specific periods related to the tax in question. Importantly, the BFR 003 form also includes sections for presenting arguments and supporting evidence, which are crucial for a successful petition. Taxpayers must ensure that their petitions are signed and notarized, affirming the accuracy of the information provided. The submission process is structured, with specific instructions guiding the filing methods and deadlines to ensure that petitions are considered timely. Understanding the nuances of this form can significantly impact the outcome of a taxpayer's appeal or refund request.
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BFR Docket No.
For Internal use only.
BOARD OF FINANCE AND REVENUE
PETITION FORM
Before completing the following information, see the general and specific instructions on second sheet.
1
BOARD OF APPEALS DOCKET NUMBER
BOA/REVENUE MAILING DATE
2
NAME OF PETITIONER
PETITIONER INDEX NUMBER (If known)
STREET ADDRESS
CITY
COUNTY
STATE
COUNTRY
ZIP CODE +4
TELEPHONE NUMBER
FAX NUMBER
CONTACT PERSON
(
)
3
NAME OF REPRESENTATIVE
REPRESENTATIVE INDEX NUMBER (If known)
4
TYPE OF TAX INVOLVED
TAX PERIOD FROM
TO
TAXPAYER IDENTIFICATION NUMBER
ASSESSMENT/REDETERMINATION NUMBER
Review of Resettlement / Reassessment Petition
Review of Refund Petition
Refund Petition If refund, please indicate:
CASH or
CREDIT
AMOUNT: $
5SCHEDULING
HEARING REQUESTED.
NO HEARING DESIRED. PLEASE DECIDE ON BASIS OF PETITION AND RECORD.
If it is determined that the decision of the issue(s) involved in this case would be governed by a case presently pending before the courts, the taxpayer requests:
THIS CASE TO BE HELD PENDING ACTION OF COURT ON THE SAME ISSUE(S).
CASE NAME
COURT CITATION
6SIGNATURES
All Petitions must be signed by Petitioner or authorized representative. If signed by an authorized representative, written authorization must accompany the Petition. If Petitioner is a corporation, a corporate officer must sign.
AFFIDAVIT
Under penalties prescribed by law, I hereby affirm 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 affirm that all taxes have been paid to the Commonwealth and there are no outstanding tax liabilities.
SWORN to and subscribed before me
this
day of
Signature of taxpayer (if corporation, joint stock association or limited partnership,
20
.
this must be signed by a principal officer or duly authorized employee or member.)
(Notary Signature)
(Title)
BFR-003 (2-00) REV-260BA (2-00)
(See Reverse Side)
7
A. RELIEF REQUESTED:
B.ARGUMENT(S):
Explain in detail why the relief requested above should be granted. Attach copy of notice being appealed (BOA Decision or Revenue Resettlement). Enclose copies of any documents you believe supports your arguments. Petitions for Refund must be accompanied by proof of payment of the tax to the Commonwealth and any copies of invoices, credit memoranda, exemption certificates, etc. where relevant. When appealing a Sales and Use Tax, if possible include a copy of the audit assessment, and REV-39, APPEAL SCHEDULE. When appealing personal income tax, include a copy of your PA-40 and schedules for the year(s) in question.
MAIL COMPLETED FORM TO:
COMMONWEALTH OF PENNSYLVANIA BOARD OF FINANCE AND REVENUE 1101 South Front Street, Suite 400 HARRISBURG, PA 17104-2539
(IF ADDITIONAL SPACE IS REQUIRED, ATTACH ADDITIONAL SHEETS.)
INSTRUCTIONS FOR THE PREPARATION AND FILING OF PETITIONS
GENERAL INSTRUCTIONS
Please type or print in ink. Petitions filed via U.S. Postal service are considered filed as of the postmark date. Petitions filed via any other method are considered filed on the date received.
•
This Petition Form should be used to petition to the Board of Finance and Revenue for:
1.Review of a decision of the Board of Appeals or of an assessment, redetermination, or resettlement made by the Department of Revenue.
2.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.*
*NOTE: As of January 1, 1995, all petitions for the refund of monies paid to the Department of Revenue, except for refunds of Liquid Fuels Taxes paid by political sudivisions; nonpublic schools not operated for profit; farmers; volunteer rescue squads, ambulance services, and fire companies; users of liquid fuel in propeller driven aircraft or engines; and agencies of the federal government and of the Commonwealth, must be filed with the Department of Revenue's Board of Appeals.
All petitions must be filed within the time limits and in accordance with the applicable statutory
law for the type of tax involved. Petitions filed via the U.S. Postal Service are considered filed as of the postmark date. Petitions hand delivered or filed via any other method are considered filed on the date received.
Any evidence in support of the petition should be submitted along with the petition or as promptly as possible thereafter. All evidential material must be submitted prior to five working days of the hearing date.
Hearings before the Board of Finance and Revenue consist of an oral presentation before the six member Board. No physical evidence or testimony is received during the hearing. Oral presenta- tions are restricted to five (5) minutes unless prior thereto additional time is requested and it is clear that more time may be required.
The Board may require, in any case, that a Power of Attorney, signed and executed by the petitioner or claimant, be filed with the Board before recognizing any person as representing the petitioner or claimant.
Only an attorney at law representing any petitioner or other applicant or an applicant acting in his or her own behalf, shall be permitted to argue or discuss any legal questions at a hearing before the Board.
Granting of continuances, for cause shown, shall be discretionary with the Board.
BFR-003A (2-00) REV-260 BA
SPECIFIC INSTRUCTIONS ON OTHER SIDE
SPECIFIC INSTRUCTIONS
Each number of the following instructions corresponds to the number of the appropriate block on the face of the petition form. Complete all information applicable to your case.
If petitioning for review, always include the Board of Appeals Docket Number, and the mailing date.
Complete all information in Block 2.
To be completed only if petitioner intends to be represented by another. If so, notice of the hearing will be sent to the representative's address.
Indicate the type of tax; e.g., personal income, sales, corporate net income, etc., and the tax year or period. Check one of the three blocks indicating type of petition. If petitioning for a refund, indicate nature of the refund. A separate petition must be filed for each type of tax and for each tax year or tax period. Fill in the taxpayer I.D. number and any assessment or redetermination number assigned by the appropriate Bureau of the Department of Revenue administering the petitioned tax.
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Hearings are held in Harrisburg only. A taxpayer or taxpayer's representative need not attend a hearing. The Board can decide the case based on the Petition and the record. If a hearing is requested, notice of the hearing date will be sent to the taxpayer's representative or if none, to the taxpayer. Where the determination of the issue or a taxpayer's case would be governed by the decision of a case pending before the courts, the taxpayer has the option to:
A.Request that his or her case be continued until the courts render a decision in the appealed case. After the courts have rendered a decision, the taxpayer's case can then be listed for hearing or decided on the record.
B.Request that the Board hear the taxpayer's case and render a decision. Should the Board render a decision adverse to the taxpayer, the taxpayer can then appeal his own case to the Commonwealth Court.
While the Board does not advocate which of the two options taxpayers should choose, taxpayers are advised that the Board will usually deny the taxpayer relief while the issue involved is pending in the courts. This is because the case before the court is generally challenging a Board decision and thus the Board, until advised to the contrary by the courts, believes its position to be correct.
All petitions must be signed and notarized.
A.Briefly list all arguments or points of contention.
B.Every petition before the Board must contain a statement of all pertinent facts and/or points of law upon which the petitioner relies. Any calculations showing how the claimed proper amount of tax or refund is achieved should be shown. All evidence in support of the arguments set forth should be submitted with the petition or as soon as possible. Evidential material received later than five (5) working days prior to the hearing date may not be considered by the Board in arriving at its decision.
GENERAL INSTRUCTIONS ON OTHER SIDE
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