Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB1005 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 1092 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL 
No.1005 
Session of 
2025 
INTRODUCED BY KERWIN, CUTLER, GREINER, HAMM, JAMES, NEILSON AND 
PICKETT, MARCH 24, 2025 
REFERRED TO COMMITTEE ON FINANCE, MARCH 24, 2025 
AN ACT
Repealing the act of July 13, 1953 (P.L.377, No.85), entitled 
"An act to provide revenue by imposing a tax on the use and 
storage of tangible personal property within the 
Commonwealth; providing for the assessment, collection and 
lien of the tax; imposing duties on prothonotaries; requiring 
sellers maintaining a place of business in this Commonwealth 
to register, make returns and collect the tax; prescribing 
penalties; and providing for the use of the proceeds of such 
tax for public school purposes."
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The act of July 13, 1953 (P.L.377, No.85), known 
as the Use and Storage Tax Act, is repealed:
[AN ACT
To provide revenue by imposing a tax on the use and storage of 
tangible personal property within the Commonwealth; providing 
for the assessment, collection and lien of the tax; imposing 
duties on prothonotaries; requiring sellers maintaining a 
place of business in this Commonwealth to register, make 
returns and collect the tax; prescribing penalties; and 
providing for the use of the proceeds of such tax for public 
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21 school purposes.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
ARTICLE I
SHORT TITLE AND DEFINITIONS
Section 101.  Short Title.--This act shall be known and may 
be cited as the "Use and Storage Tax Act."
Section 102.  Definitions.--The following words, terms and 
phrases when used in this act shall have the meaning ascribed to 
them in this section, except where the context clearly indicates 
a different meaning:
(1)  "Department."  The Department of Revenue of this 
Commonwealth.
(2)  "Person."  Any natural person, firm, partnership, 
association, corporation, fiduciary, or other entity. Whenever 
used in any provision of this act which prescribes or imposes 
fine or imprisonment or both, the term "person," as applied to a 
firm, partnership or association, shall include the members 
thereof, and, as applied to a corporation, the officers thereof: 
Provided, That a firm, partnership, association or a corporation 
may be subjected as an entity to the payment of a fine.
(3)  "Storage."  Any keeping or retention in this 
Commonwealth for use or other consumption in this Commonwealth 
for any purpose, excepting as hereinafter provided.
(4)  "Use."  The exercise of any right or power incidental to 
the ownership of tangible personal property.
The term "storage, use or other consumption" does not apply 
to:
(a)  Any tangible personal property used for the purpose of 
resale in its original form.
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isolated sale from one not a seller.
(c)  Any tangible personal property acquired through an 
isolated purchase from one who, though a seller, is not such a 
seller with respect to the article purchased, but a use shall be 
presumed in the case of all purchases from sellers.
(d)  Cigarettes.
(e)  Gasoline and other motor fuels.
(f)  Utility services, the gross receipts from which are 
taxed by the Commonwealth.
(g)  Any tangible personal property acquired by the 
Commonwealth or any of its agencies or political subdivisions or 
by authorities created by or pursuant to law.
(h)  Any tangible personal property acquired by the United 
States or any of its agencies.
(i)  Any tangible personal property acquired outside this 
Commonwealth, the taxing of the storage, use or other 
consumption of which is prohibited by the Constitution of the 
United States.
(j)  Newspapers, magazines and other periodicals.
(k)  Medicine on prescription, crutches, wheelchairs for the 
use of cripples and invalids, and when designed to be worn on 
the person of the purchaser or user, artificial limbs, 
artificial eyes and artificial hearing devices, false teeth 
purchased from a dentist and the materials used by a dentist in 
dental treatment, eyeglasses when especially designed or 
prescribed by an ophthalmologist, oculist or optometrist for the 
personal use of the owner or purchaser, and artificial braces 
and supports designed solely for the use of crippled persons.
(l)  Bakery products, milk, groceries and meat as food 
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30 products for human consumption. For the purposes of this clause, 
(i) "milk" shall mean raw milk products from domestic animals or 
such milk when processed or canned; (ii) "groceries" shall mean 
all food products and all food ingredients for human consumption 
or for use in the preparation thereof for human consumption, 
ordinarily sold in grocery stores, except candies, confections, 
soft drinks, tobacco or tobacco products; (iii) "meat" shall 
include the flesh of animals, fish, sea food, poultry and game.
(m)  Clothing and shoes, but not jewelry or any other object 
not worn primarily to cover the human body against nakedness or 
cold.
(n)  Tangible personal property (i) which is to be used in 
fabricating, compounding or manufacturing tangible personal 
property or in producing public utility service to be sold 
ultimately at retail, or (ii) which is to be used in the process 
of farming, agriculture or horticulture and which, in either 
event, becomes an ingredient or component part of the 
fabricated, compounded or manufactured tangible personal 
property or public utility product or of the product of farming, 
agriculture or horticulture, or is consumed in the process of 
fabrication, compounding, manufacturing or producing or in the 
process of farming, agriculture or horticulture, or (iii) which 
is to be used in the production or delivery of public utility 
service.
(o)  The performance of personal service.
(p)  Any tangible personal property upon which a tax is 
imposed under the provisions of the Consumers Sales Tax Act.
(q)  Tangible personal property intended for incorporation 
and incorporated into a building, road, street, bridge, or other 
structure, provided such property is so incorporated pursuant to 
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30 a contract entered into prior to the effective date of this act, 
and provided further that the person so incorporating such 
property submit to the department proof of the facts in such 
form as the department may require.
(5)  "Purchase."  Acquiring tangible personal property for a 
consideration, whether the transaction was effected by a 
transfer of title or of possession or of both, or a license to 
use or consume, whether such transfer shall have been absolute 
or conditional and by whatsoever means the same shall have been 
effected and whether such consideration be a price or rental in 
money or by way of exchange or barter. "Purchase" shall include 
production even though the article produced is used, stored or 
consumed by the producer thereof.
(6)  "Seller."  The person from whom a purchase is made and 
every person engaged in this Commonwealth or elsewhere in the 
business of selling tangible personal property for storage, use 
or other consumption in this Commonwealth. When, in the opinion 
of the department, it is necessary for the efficient 
administration of this act to regard any salesman, 
representative, peddler or canvasser as the agent of a dealer, 
distributor, supervisor or employer under whom he operates or 
from whom he obtains tangible personal property sold by him for 
storage, use or other consumption in this Commonwealth, 
irrespective of whether or not he is making such sales on his 
own behalf or on behalf of such dealer, distributor, supervisor 
or employer, the department may so regard him and may regard 
such dealer, distributor, supervisor or employer as the "seller" 
for the purpose of this act.
(7)  "Seller Maintaining a Place of Business in This 
Commonwealth."  Any seller having or maintaining within this 
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30 Commonwealth, directly or through a subsidiary, an office, 
distribution house, saleshouse, warehouse, or other place of 
business, or any agent operating wholly within this Commonwealth 
under the authority of the seller or its subsidiary, 
irrespective of whether such place of business or agent is 
located permanently or temporarily in this Commonwealth or 
whether such seller or subsidiary is authorized to do business 
within this Commonwealth.
(8)  "Consumer."  The person who has purchased tangible 
personal property for storage, use or other consumption in this 
Commonwealth.
(9)  "Price."  The amount paid in money, credits, property or 
other consideration for purchases, without deduction on account 
of the cost of property purchased, amounts paid for interest, 
discounts, losses or any other expenses or burdens. Credit 
actually given or refund actually paid for goods returned may be 
deducted.
(10)  "Tangible Personal Property."  Corporeal personal 
property including, but not restricted to, goods, wares and 
merchandise. The term "tangible personal property" does not 
include money, deposits in banks, shares of stock, bonds, notes, 
credits, or evidences of an interest in property or evidences of 
debt.
(11)  "Tax."  Any tax, interest or penalty imposed or levied 
under the provisions of this act.
ARTICLE II
IMPOSITION AND COLLECTION OF TAX
Section 201.  Imposition.--A tax is hereby levied on the 
storage, use or other consumption in this Commonwealth of 
tangible personal property purchased for storage, use or other 
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30 consumption in this Commonwealth.
Section 202.  Amount of Tax.--(a)  The rate of tax shall be 
one per centum (1%) of the price of each purchase of tangible 
personal property purchased for storage, use or other 
consumption in this Commonwealth.
(b)  As to any tangible personal property purchased for 
storage, use or other consumption in this Commonwealth, the tax 
shall be computed as follows:
(1)  Where its price is ten cents or less, no tax shall be 
collected.
(2)  Where its price is from eleven cents to one dollar, both 
inclusive, the tax shall be one cent.
(3)  Where its price is in excess of one dollar, the tax on 
each additional dollar or fraction thereof shall be one cent.
(c)  If any person who causes tangible personal property to 
be brought into this Commonwealth has already paid a tax in 
another state in respect to the sale or use of such property or 
an occupation tax in respect thereto in an amount less than the 
tax imposed by this act, the provisions of this act shall apply, 
but at a rate measured by the difference only between the rate 
herein fixed and the rate by which the previous tax on the sale 
or use or occupation tax was computed.
Section 203.  Payment.--Each consumer storing, using or 
otherwise consuming in this Commonwealth tangible personal 
property purchased for such purpose or purposes shall be liable 
for the tax imposed by this act and such liability shall not be 
extinguished until the tax has been paid to this Commonwealth.
It shall be presumed that tangible personal property 
purchased on or after the effective date of this act by any 
person for delivery in this Commonwealth is purchased for 
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30 storage, use or other consumption in this Commonwealth.
Section 204.  Collection by Sellers Maintaining Place of 
Business in Commonwealth.--Every seller maintaining a place of 
business in this Commonwealth and making sales of tangible 
personal property for storage, use or other consumption in this 
Commonwealth, if not otherwise exempted, shall, at the time of 
making the sales or, if the storage, use or consumption is not 
then taxable hereunder, at the time the storage, use or other 
consumption becomes taxable, collect the tax from the consumer.
Section 205.  Seller's Registration.--Every seller 
maintaining a place of business in this Commonwealth selling 
tangible personal property for storage, use or consumption in 
this Commonwealth shall register with the department and give 
the name and address of all agents operating in this 
Commonwealth, the location of all distribution or saleshouses or 
offices or other places of business in this Commonwealth and 
such other information as the department may require.
ARTICLE III
RETURNS AND PAYMENT
Section 301.  Monthly Returns and Payment.--(a)  The taxes 
imposed by this act shall be due and payable in monthly 
installments on or before the twentieth day of the calendar 
month succeeding the month during which the purchase of tangible 
personal property on the storage, use or other consumption of 
which the tax is being paid is made.
(b)  Each taxpayer or seller maintaining a place of business 
in this Commonwealth shall make out and sign a return for the 
preceding calendar month. Such return shall be mailed to the 
department in time so that it will reach the department, in the 
ordinary course of the mails, on or before the twentieth day of 
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30 the month succeeding the month during which the purchase of 
tangible personal property on the storage, use or other 
consumption of which the tax is being paid is made. The return 
shall be on a form prescribed by the department.
(c)  Each such return shall show:
(1)  The price of each such purchase of tangible personal 
property by such person during such preceding monthly period, 
the storage, use or consumption of which is subject to tax;
(2)  The amount of tax due;
(3)  Such other information as the department may deem 
necessary for the proper administration of this act.
(d)  Any such return may be signed by a duly authorized agent 
of the taxpayer with the same effect as if signed by the 
taxpayer himself. Any person making a false return shall be 
guilty of perjury to the same extent as though the return had 
been sworn to. A remittance for the amount of the tax shall 
accompany each return.
Section 302.  Other Times for Returns and Payment.--The 
department may, upon written request, authorize a taxpayer whose 
books and records are not kept on a calendar month basis to file 
returns at other times than those specified in the preceding 
section and in lieu of such returns. Except as to the time of 
filing and the period covered, all the provisions as to monthly 
returns made by section three hundred one shall be applicable to 
returns made under this section and a remittance for the tax 
shall accompany any return made under this section.
ARTICLE IV
PROCEDURE
Section 401.  Department of Revenue to Administer.--The 
Department of Revenue shall administer and enforce this act and 
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30 collect the tax hereby imposed.
Section 402.  Examination of Returns; Assessment of Tax 
Credits.--(a)  As soon as practicable after any return is filed, 
the department shall examine it. If the return shows a greater 
tax due than the amount of the remittance sent with such return, 
the department shall forthwith assess the difference. Such 
difference shall be paid to the department within ten days after 
notice of its assessment. If so paid, there shall be no interest 
or penalty; if not so paid, there shall be added to such amount 
five per centum thereof and, in addition, interest at the rate 
of one-half of one per centum per month for each month or 
fraction thereof from the date of such notice to the date of 
payment. No taxpayer shall have any right of appeal from such an 
assessment.
(b)  If the department determines that any return or returns 
of any taxpayer understates the amount of tax due, the 
department shall assess the proper amount and shall determine 
the difference between the amount of tax shown in the return and 
the amount assessed, such difference being hereafter sometimes 
referred to as the "deficiency." Such deficiency shall be paid 
to the department within ten days after a notice of the 
assessment thereof shall be mailed to the taxpayer by the 
department. In such case, if such understatement of the tax in 
the return or returns was made in good faith, there shall be no 
interest or penalty because of such understatement: Provided, 
That the deficiency be paid or notice of an intention to file a 
petition for a reassessment or to appear and be heard, as herein 
provided, shall be given within ten days after notice of the 
assessment of such deficiency be mailed to the taxpayer. If such 
payment is not made within ten days and if no notice of an 
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30 intention to file a petition for a reassessment or to appear and 
be heard is given to the department within ten days, as herein 
provided, there shall be added to the amount of the deficiency 
five per centum thereof and, in addition, interest at the rate 
of one-half of one per centum per month for each month or 
fraction thereof from the date of such notice to the date of 
payment. If any understatement in any of such returns is false 
or fraudulent with intent to evade the tax, the deficiency 
resulting from such understatement shall be doubled and, in 
addition thereto, an additional one-half of one per centum of 
such doubled deficiency shall be added for each such month or 
fraction of a month from the date the tax was originally due to 
the date of payment.
(c)  If the amount of the tax as assessed by the department 
shall be less than the amount already paid by the taxpayer, the 
department shall so notify the taxpayer and the amount so 
overpaid may be taken by such taxpayer as a credit on the tax 
shown as due in any subsequent return or returns filed in 
accordance with the provisions of this act.
Section 403.  Estimated Assessment.--(a)  If any person 
believed by the department to be liable for tax under the 
provisions of this act shall have failed to file a return in 
accordance with and within the time prescribed by this act, and 
if the department shall deem it more conducive to the public 
interest because of the supposed smallness of the tax or for any 
other reason not to proceed to compel the exhibition of the 
accounts of such person, it may make an estimated assessment of 
the probable amount of tax owing by such person; but in every 
such case the department shall add to such estimated assessment 
a penalty of fifty per centum (50%) thereof and the department 
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30 shall proceed to collect such estimated tax and penalty as in 
other cases if the amount is not paid when due as hereinafter 
provided.
(b)  The estimated assessment thus determined, together with 
the penalty of fifty per centum (50%) specified above and 
interest at the rate of one-half of one per centum per month or 
fractional part thereof until paid, shall be due and payable ten 
days after notice of such settlement shall have been mailed by 
the department to the person against whom the estimated 
assessment has been made.
Section 404.  Limitation of Assessments.--(a)  Any additional 
assessment or estimated assessment shall be made by the 
department within five years of the date when the return 
required by section three hundred one or authorized by section 
three hundred two hereof should have been filed, as prescribed 
in this act, whether the date originally prescribed or pursuant 
to any extensions of the time for filing such return duly 
granted by the department and not after. Any such additional 
assessment or estimated assessment may be made at any time 
during such period, notwithstanding that the department may have 
made one or more previous additional assessments or estimated 
assessments or both against the taxpayer for the year in 
question or for any part of such year. In any such case, no 
credit shall be given for any penalty previously assessed or 
paid.
(b)  If the taxpayer shall have died, any taxes, interest and 
penalties due under this act for years prior to his death or for 
the year of his death and whether based on original assessments, 
additional or estimated assessments or otherwise, may be 
presented by the department at audit of his estate in the 
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30 orphans' court. Such court shall give full effect to the 
priorities and equitable interest given to the Commonwealth by 
this act.
Section 405.  Reassessment; Review; Appeal; Refund.--(a)  Any 
taxpayer against whom an additional or estimated assessment is 
made may petition the department for a reassessment. Notice of 
an intention to file such a petition or to appear and be heard 
shall be given to the department prior to the time the 
additional or estimated assessment becomes due and payable. The 
department shall hold such hearings as may be necessary for the 
purpose, at such times and places as it may determine, and each 
taxpayer who has duly notified the department of an intention to 
file a petition for reassessment or to appear and be heard shall 
be notified by the department of the time when and the place 
where such hearing in his case will be held. A petition for 
reassessment, if filed, shall set forth explicitly and in detail 
the grounds upon which the taxpayer claims that the additional 
or estimated assessment is erroneous or unlawful, in whole or in 
part, and shall be accompanied by an affidavit under oath or 
affirmation certifying to the facts stated in the petition. If 
no petition for reassessment has been filed with the department 
but the taxpayer has given due notice of an intention to appear 
and be heard, the taxpayer may appear at the hearing and present 
his petition orally, in which event all statements of fact at 
the hearing shall be made under oath or affirmation.
(b)  Within sixty days after the date of mailing of notice by 
the department of the action taken on any petition for 
reassessment filed with it, the person against whom such 
assessment was made may by petition request the Board of Finance 
and Revenue to review such action. Every petition for review 
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30 filed hereunder shall state specifically the reasons on which 
the petitioner relies or shall incorporate by reference the 
petition for reassessment in which the reasons are stated. The 
petition shall be supported by affidavit that it is not made for 
the purpose of delay and that the facts therein set forth are 
true. The Board of Finance and Revenue shall act finally in 
disposing of petitions filed with it, within six months after 
they have been received. In the event of the failure of the 
board to dispose of any petition within six months, the action 
taken by the department upon the petition for reassessment shall 
be sustained. The Board of Finance and Revenue may sustain the 
action taken on the petition for reassessment or it may reassess 
the tax due on such basis as it deems according to law and 
equity. The board shall give notice of its action by mail to the 
department and to the petitioner.
(c)  Any person or the Commonwealth aggrieved by the decision 
of the Board of Finance and Revenue or by the board's failure to 
act upon a petition for review within six months may, within 
sixty days, appeal to the Court of Common Pleas of Dauphin 
County from the decision of the board or from the decision of 
the department, as the case may be, in the manner now or 
hereafter provided by law for appeals in the case of tax 
settlements.
(d)  Refunds of taxes paid under this act shall be made under 
the provisions of section five hundred three of the act, 
approved the ninth day of April, one thousand nine hundred 
twenty-nine (Pamphlet Laws 343), known as "The Fiscal Code" and 
its amndments.
Section 406.  Rules and Regulations; Inquisitorial Powers of 
the Department.--(a)  The department shall have the authority to 
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30 prescribe, adopt, promulgate and enforce rules and regulations 
in conformity with this act and relating to any matter or thing 
pertaining to the administration of the taxes imposed by this 
act. The department may from time to time alter or amend such 
rules and regulations in any manner it considers advisable.
(b)  The department or any of its authorized agents is hereby 
authorized to examine the books, papers and records of any 
taxpayer or supposed taxpayer, including his bank accounts or 
similar items, in order to verify the accuracy and completeness 
of any return made, or, if no return was made, to ascertain and 
assess the tax imposed by this act. The department may require 
the preservation of all such books, papers and records for any 
period deemed proper by it, not to exceed, however, six years 
from the end of the calendar year to which the records relate. 
Every such taxpayer is hereby required to give to the department 
or its agent the means, facilities and opportunity for such 
examinations and investigations. The department is further 
authorized to examine any person under oath concerning the 
taxable storage, use or other consumption of tangible personal 
property by any taxpayer or concerning any other matter relating 
to the enforcement or administration of this act; and to this 
end may compel the production of books, papers and records and 
the attendance of all persons, whether as parties or witnesses, 
whom it believes to have knowledge of such matters. The 
procedure for such hearings or examinations shall be the same as 
that provided by the Fiscal Code relating to inquisitorial 
powers of fiscal officers.
(c)  Any information gained by the department as a result of 
any return, investigation, hearing or verification required or 
authorized by this act shall be confidential except for official 
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30 purposes and except in accordance with proper judicial order or 
as otherwise provided by law; and any person unlawfully 
divulging such information shall be deemed guilty of a 
misdemeanor and, upon conviction thereof, shall be sentenced to 
pay a fine not in excess of one thousand dollars ($1,000) and 
costs of prosecution, or to undergo imprisonment for not more 
than one year, or both, in the discretion of the court.
Notwithstanding the foregoing provisions of this subsection 
(c), the department may permit the Commissioner of Internal 
Revenue of the United States, or the proper officer of any other 
state now or hereafter imposing a tax upon the storage, use or 
other consumption of tangible personal property or classes of 
such property, or the authorized representative of such 
Commissioner or officer, to inspect any returns or reports of 
investigations filed or made under the provisions of this act, 
or may furnish to such Commissioner or officer or his authorized 
representative an abstract of any such return, or supply him 
with information concerning any items contained in any such 
return or report; but such permission shall be granted or such 
information furnished to such Commissioner or officer only if 
the statutes of the United States or of such other state, as the 
case may be, grant equal privileges to the officers of this 
Commonwealth charged with the administration of this act.
Section 407.  Records of Non-Residents.--A non-resident 
person, including a foreign corporation, who is engaged in one 
or more businesses in this Commonwealth, shall keep adequate 
records of such business or businesses and of the taxes due with 
respect thereto, which records shall at all times be retained 
within this Commonwealth.
Any person violating or assisting in the violation of the 
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30 provisions of this section shall be guilty of a misdemeanor and, 
upon conviction, shall be sentenced to pay a fine not exceeding 
one thousand dollars ($1,000) and costs of prosecution, or to 
undergo imprisonment not exceeding one (1) year, or both.
Section 408.  Priority of Tax.--In the distribution, 
voluntary or compulsory, in receivership, bankruptcy or 
otherwise, of the property or estate of any person, all taxes 
imposed by this act which are due and unpaid shall be paid from 
the first money available for distribution in priority to all 
other claims and liens, except in so far as the laws of the 
United States may give a prior claim to the Federal government. 
Any person charged with the administration or distribution of 
any such property or estate who shall violate the provisions of 
this section shall be personally liable for any taxes imposed by 
this act which are accrued and unpaid and are chargeable against 
the person whose property or estate is being administered or 
distributed.
Section 409.  Lien of Taxes.--All taxes imposed by this act, 
together with all penalties and interest, shall be considered a 
public account, after being assessed in the manner provided in 
this act, and as such shall be a lien upon all real estate 
within the Commonwealth of any taxpayer, resident or non-
resident, but only after the same has been entered and docketed 
of record by the prothonotary of the county where such real 
estate is situated, as hereinafter provided.
The department may at any time transmit to the prothonotaries 
of the respective counties certified copies of all liens for 
taxes imposed by this act and penalties and interest. It shall 
be the duty of each prothonotary receiving such lien to enter 
and docket the same of record in his office, which lien shall be 
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30 indexed as judgments are now indexed. All such liens shall have 
priority to and be fully paid and satisfied out of the judicial 
sale of said real estate before any other obligation, judgment, 
claim, lien or estate with which said real estate may 
subsequently become charged or for which it may subsequently 
become liable, subject, however, to mortgage or other liens 
existing and duly recorded at the time such tax lien is 
recorded, save and except the costs of sale and of the writ upon 
which it is made and real estate taxes imposed or assessed upon 
said property. The lien of said taxes, interest and penalties 
shall continue for five years from the date of entry and may be 
revived and continued in the manner now or hereafter provided 
for renewal of judgments; and it shall be lawful for a writ of 
scire facias to issue and be prosecuted to judgment in the 
manner in which such written writs are ordinarily employed.
Any wilful failure of any prothonotary to carry out any duty 
imposed upon him by this section shall be a misdemeanor and, 
upon conviction, he shall be sentenced to pay a fine not 
exceeding one thousand dollars ($1,000) and costs of 
prosecution, or to undergo imprisonment not exceeding one year, 
or both, in the discretion of the court.
Section 410.  Penalties.--Any person who shall wilfully fail, 
neglect or refuse to make any return or report required by this 
act, or any taxpayer who shall refuse to pay any tax, penalty or 
interest imposed or provided for by this act, or who shall 
wilfully fail to preserve his books, papers and records as 
directed by the department, in accordance with section four 
hundred six hereof, or any person who shall refuse to permit the 
department or any of its authorized agents to examine his books, 
records or papers, or who shall knowingly make any incomplete, 
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30 false or fraudulent return or report, or who shall do or attempt 
to do anything whatever to prevent the full disclosure of the 
amount or character of the taxable storage, use or other 
consumption of tangible personal property, by himself or any 
other person, shall be guilty of a misdemeanor and, upon 
conviction, shall be sentenced to pay a fine not exceeding one 
thousand dollars ($1,000) and costs of prosecution, or undergo 
imprisonment not exceeding one year, or both, in the discretion 
of the court. The penalties imposed by this section shall be in 
addition to any penalties imposed by any provisions of this act.
ARTICLE V
DISPOSITION OF TAX, PENALTIES, INTEREST
Section 501.  Disposition of Proceeds.--All taxes collected 
under the provisions of this act, together with any penalties 
and interest thereon, shall be used for public school purposes, 
in so far as permitted by the requirements of the Constitution 
of Pennsylvania.
ARTICLE VI
MISCELLANEOUS
Section 601.  Saving Clause.--Nothing contained in this act 
shall be construed to repeal any other law of this Commonwealth 
imposing any tax for any purpose.
Section 602.  Effective Date.--This act shall become 
effective on the first day of the second calendar month after 
the month in which it is finally enacted; and all taxable 
storage, use or other consumption pursuant to purchases made 
during that month and for a period of two years thereafter shall 
be subject to tax hereunder. The expiration of the period during 
which tax is imposed by this act shall not relieve any person 
from the filing of returns or from any taxes, penalties or 
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30 interest, imposed by the provisions of this act, or affect or 
terminate any petitions, investigations, prosecutions, legal or 
otherwise, or other proceedings pending under the provisions of 
this act, or prevent the commencement or further prosecution of 
any proceedings by the proper authorities of the Commonwealth 
for violations of such act, or for the assessment, collection or 
recovery of taxes, penalties or interest due or owing to the 
Commonwealth under this act. ]
Section 2.  This act shall take effect in 60 days.
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