(a) Failure to report and pay; examinations; unlawful acts.--
(1) A person commits a misdemeanor of the third degree if the person does any of the following:
(i) Fails, neglects or refuses to make the report and pay the tax, penalties and interest imposed by this chapter.
(ii) Refuses to permit the department or any agent appointed by it in writing to examine books, records, papers, storage tanks or other equipment pertaining to the use or sale and delivery of liquid fuels within this Commonwealth.
(iii) Makes any incomplete, false or fraudulent report or claim.
(iv) Attempts to do anything to avoid a full disclosure of the amount of liquid fuels used or sold and delivered or to avoid the payment of the tax, penalties and interest due.
(2) Any partner or member of an association and any officer of a corporation whose duty it was to make the report required by this chapter shall be subject to imprisonment under paragraph (1) for failing to make the report required and attend to the payment of the tax imposed by this chapter.
(3) The fine under paragraph (1) shall be in addition to any penalty imposed by any other section or subsection of this chapter.
(4) Upon conviction under paragraph (1), all of the convicted distributor's permits shall be revoked.
(b) Unlawful acts.--A person may not do any of the following:
(1) Knowingly display or knowingly possess a fictitious, suspended, canceled, revoked or altered permit.
(2) Knowingly permit the use of a permit by a person not entitled to the permit.
(3) Display or represent as one's own any permit not issued to the person displaying it.
(4) Use a false or fictitious name or give a false or fictitious address in any application or form required under this chapter.
(5) Commit a fraud in any application, record or report.
(c) Penalty.--A person who violates any of the provisions of this section commits a misdemeanor of the third degree. The fine shall be in addition to any penalty imposed by any other section or subsection of this chapter. Upon conviction, all of the convicted person's permits shall be revoked.
(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)
1998 Amendment. Act 151 amended subsec. (a)(1)(iii).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 90 - Liquid Fuels and Fuels Tax
Section 9001 - Short title of chapter
Section 9003 - Liquid fuels and fuels permits; bond or deposit of securities
Section 9004 - Imposition of tax, exemptions and deductions
Section 9004.1 - Political subdivision and volunteer service use of tax-free motor fuels
Section 9006 - Distributor's report and payment of tax
Section 9007 - Determination and redetermination of tax, penalties and interest due
Section 9008 - Examination of records and equipment
Section 9009 - Retention of records by distributors and dealers
Section 9010 - Disposition and use of tax
Section 9011 - Discontinuance or transfer of business
Section 9012 - Suspension or revocation of permits
Section 9013 - Lien of taxes, penalties and interest
Section 9014 - Collection of unpaid taxes
Section 9015 - Reports from common carriers
Section 9016 - Reward for detection of violations
Section 9020 - Disposition of fees, fines and forfeitures
Section 9021 - Certified copies of records
Section 9022 - Uncollectible checks
Section 9023 - Application of Prevailing Wage Act to locally funded highway and bridge projects