The Pennsylvania BFR 003 form is a crucial document designed for individuals or entities to file a petition with the Board of Finance and Revenue, seeking a review of a decision made by the Board of Appeals or requesting a refund of taxes paid. This detailed form requires the petitioner to provide comprehensive information regarding the appeal, including personal details, representative information, the type of tax involved, and the specific relief sought. Understanding the structure and purpose of this form is essential for anyone looking to navigate the complexities of tax appeals or refund requests within Pennsylvania.
Understanding the intricacies of the Pennsylvania BFR 003 form is crucial for anyone looking to navigate the complexities of tax petitions within the state. This form serves as a primary document for petitioning the Board of Finance and Revenue, particularly when seeking a review of decisions made by the Board of Appeals or the Department of Revenue, as well as for requesting refunds of monies paid to the Commonwealth to which it might not have a rightful or equitable claim. Designed with clarity and precision, the form requires detailed information about the petitioner and their representative, if any, including their names, addresses, and contact details. It asks for specifics regarding the type of tax involved, the tax period in question, and taxpayer identification numbers, among other data. Importantly, the form also outlines the process for requesting a hearing or for opting to have the Board decide on the basis of the petition and existing records. Additionally, it sets forth the groundwork on how to argue for the relief sought, mandating that all pertinent evidence supporting the petitioner's arguments be attached or submitted promptly. With clearly stipulated instructions for preparation and filing, the BFR 003 form embodies a structured pathway for individuals and corporations to contest tax assessments or to seek redress for tax matters in Pennsylvania, thereby playing a vital role in the state's tax administration process.
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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.
5
6
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
After submitting the Pennsylvania BFR-003 form, your appeal or petition will be considered by the Board of Finance and Revenue. The information you provide on this form is crucial for the review of your case, whether it's about a tax assessment or a request for a refund. Remember, presenting clear and accurate details supports your petition effectively. Follow these steps carefully to ensure your form is completed thoroughly and correctly.
By following these instructions carefully, you ensure that your petition is filed accurately and efficiently, allowing the Board to review your case effectively. Remember to provide all necessary documentation and proof to support your arguments and relief request.
What is the Pennsylvania BFR-003 form used for?
The Pennsylvania BFR-003 form is utilized to petition the Board of Finance and Revenue for two primary reasons: firstly, to review a decision made by the Board of Appeals or an assessment, redetermination, or resettlement executed by the Department of Revenue; and secondly, to request a refund of monies paid to an agency of the Commonwealth, excluding the Department of Revenue, unless specified under certain conditions detailed in the instructions.
How do I file a BFR-003 form?
To file a BFR-003 form, complete all applicable sections with the required information, ensuring to type or print in ink. The form can be filed via the U.S. Postal Service, with the date of postmark considered as the filing date. Alternatively, filing can be done through hand delivery or other methods, in which case the form is considered filed on the date it is received. A detailed submission of evidence supporting your petition should accompany the form.
Is there a deadline for filing the BFR-003 form?
Yes, there are specific time limits for filing the BFR-003 form, which depend on the type of tax involved and the applicable statutory law. It is crucial to consult the relevant statutes to ensure compliance with these deadlines.
Do I need a representative to file a BFR-003 form, or can I file it myself?
While it is not mandatory to have a representative file a BFR-003 form on your behalf, you may choose to do so. If you decide to be represented, you must include your representative's information on the form, and a Power of Attorney must be filed with the Board. However, individuals may also file on their own behalf.
What happens if my case is related to an issue currently pending before the courts?
If your case involves an issue that is pending before the courts, you have two options: request for your case to be held until a court decision is made on the related issue, or request the Board to hear your case and render a decision. It's important to note that the Board usually denies relief while the issue is pending in the courts, as any decision before the courts is generally challenging a Board decision.
Can I request a hearing for my BFR-003 petition?
Yes, when completing the BFR-003 form, you have the option to request a hearing or indicate no hearing is desired and ask the Board to decide based on the petition and the record. If a hearing is requested, the notice of the hearing date will be sent to your representative or, if none, directly to you.
What types of evidence should be submitted with my BFR-003 petition?
Alongside your BFR-003 petition, submit any documents that support your arguments or points of contention, including but not limited to, a copy of the notice being appealed (BOA Decision or Revenue Resettlement), copies of any invoices, credit memoranda, exemption certificates where relevant, and, for specific tax types like Sales and Use Tax, a copy of the audit assessment and APPEAL SCHEDULE (REV-39), if applicable.
How is the decision made on a BFR-003 petition?
Decisions on BFR-003 petitions are made based on the information, documents, and arguments presented in the petition. If a hearing is not requested, the Board will decide based on the petition and the record. Oral presentations may be restricted to five minutes unless additional time is requested and granted. It’s important to remember that physical evidence or testimony is not received during the hearing.
Where do I mail the completed BFR-003 form?
The completed BFR-003 form should be mailed to the Commonwealth of Pennsylvania, Board of Finance and Revenue, at 1101 South Front Street, Suite 400, Harrisburg, PA 17104-2539. If additional space is required for any section of the form, attach additional sheets as necessary.
Failing to include the Board of Appeals Docket Number and the mailing date when petitioning for review. This is crucial for the proper tracking and handling of the petition.
Not completing all information in Block 2, which includes the name of the petitioner, contact information, and address details. This can lead to a lack of communication or misunderstandings regarding the petition.
Omitting representative details (Block 3) if intending to be represented. This could result in notices not being sent to the appropriate representative, causing missed deadlines or hearings.
Incorrectly indicating the type of tax or tax period involved (Block 4). An accurate description is necessary for the petition to be reviewed correctly.
Not specifying the nature of the refund correctly when petitioning for a refund. It's important to indicate whether it's a cash or credit amount, to avoid processing errors.
Leaving out the taxpayer Identification Number, assessment, or redetermination number. These identifiers are essential for the proper classification and review of the petition.
Requesting a hearing when it's unnecessary or not desired. Some taxpayers might accidentally check the wrong box, leading to unwanted scheduling.
Signing the petition without the correct authorization. If the petitioner is a corporation, a corporate officer must sign, and all petitions must be notarized.
Not providing a detailed argument or evidence to support the petition (Point 7A & B). Detailed explanations and supporting documents are key to a successful petition.
Submitting the petition without checking the instructions for preparing and filing petitions. This could lead to mistakes in any of the above points, as the instructions provide crucial guidance.
When filling out the Pennsylvania BFR 003 form, it's important to pay careful attention to each section and to follow the specific instructions provided. Doing so can significantly increase the chances of a favorable outcome for the petition.
When engaging with the complexities of Pennsylvania's tax system, particularly when filing a petition with the Board of Finance and Revenue using the BFR-003 form, individuals and entities often find themselves navigating through a maze of additional forms and documents. These auxiliary materials ensure a comprehensive approach to addressing their taxation concerns, each serving a distinct, yet interrelated, purpose.
Navigating the filing process and comprehending the interconnectedness of these documents can be challenging. Each one plays a specific role in painting a full picture of the petitioner's situation, arguments, and entitlements under the law. For those unaccustomed to the legal and procedural demands of tax appeals, understanding the sequence, purpose, and requirements for each document ensures that their petition is as comprehensive and persuasive as possible.
The Pennsylvania BFR 003 form shares similarities with several other official documents used within administrative and judicial processes, notably for its structure and purpose in appealing decisions made by state departments or agencies. Understanding these similarities can help contextualize the form within a broader spectrum of legal and administrative procedures.
IRS Form 843 (Claim for Refund and Request for Abatement) This federal form, used for claiming a refund or requesting an abatement of certain taxes, penalties, fees, and interest, aligns closely with the Pennsylvania BFR 003 form in terms of its core function. Both forms are designed to petition for a review or reversal of a financial decision—IRS Form 843 at the federal tax level, and BFR 003 for state-level tax and financial matters within Pennsylvania. Each form requires detailed information about the petitioner, a clear statement of the relief sought, and a rationale for why the relief should be granted, supported by relevant documentation and legal arguments. Furthermore, both demand a thorough understanding of the applicable laws and regulations to effectively argue the case for refund or abatement.
Form PA-1000 (Property Tax or Rent Rebate Claim) The Pennsylvania-specific Form PA-1000, although primarily used for claiming property tax or rent rebates, similarly necessitates detailed personal information, a declaration of income, and appropriate documentation to support the claim. While serving a different purpose from the BFR 003 form, it mirrors the requirement for petitioners to methodically present their case within prescribed guidelines. Both forms underscore the need for accuracy, completeness, and timeliness, serving as crucial communication tools between Pennsylvania residents and governing bodies regarding financial matters. The key aspect linking them is their role in affording individuals the opportunity to seek adjustments or corrections to financial obligations or repayments identified by state authorities.
Filling out the Pennsylvania BFR 003 form can be a critical step in ensuring your financial or legal matters are correctly addressed by the Board of Finance and Revenue. To help you navigate this process smoothly, here are things you should and shouldn't do:
Navigating the complexities of the Pennsylvania BFR 003 form doesn't have to be daunting. By paying close attention to the details and ensuring all your paperwork is in order, you’ll be setting yourself up for the best possible outcome in your dealings with the Board of Finance and Revenue.
When it comes to navigating the complexities of tax-related petitions in Pennsylvania, the Board of Finance and Revenue (BFR) Petition Form, specifically the BFR-003, often comes into play. However, misconceptions abound regarding its usage, misconceptions that can sometimes lead to procedural missteps or missed opportunities. Here, we demystify some of the most common misunderstandings.
While it's true that the BFR-003 form is commonly used for contesting assessments by the Pennsylvania Department of Revenue, it's also applicable for a range of other petitions. These include requesting reviews of decisions made by the Board of Appeals or for seeking refunds of monies paid to any agency of the Commonwealth where the Commonwealth is not rightfully entitled to those funds.
Every field in the BFR-003 form is designed with a purpose, and leaving a section blank can lead to processing delays or even the dismissal of your petition. If a section truly does not apply, filling it with "N/A" is a more prudent choice than leaving it empty.
Contrary to what some might think, requesting a hearing is optional. The Board can decide on your case based on the merits of the petition and the accompanying record. In fact, many petitions are resolved without a hearing.
Even in the digital age, the requirement for a petition to be signed by the petitioner or their authorized representative stands. If the petition is filed electronically, an electronic signature or a scanned copy of the signed petition is necessary for the submission to be considered valid.
While having legal representation can benefit petitioners, especially in navigating the complexities of tax law and ensuring that the petition is as strong as possible, it is not a mandate. Petitioners can file the BFR-003 form on their own behalf.
This form is specifically for petitions to the Board of Finance and Revenue. Other tax matters, such as initial appeals of tax notices or assessments, generally start with the Department of Revenue's Board of Appeals, requiring a different form and process.
Filing a petition with the BFR is the beginning, not the end, of the appeals process. The outcome will depend on the strength of your case, the evidence you present, and how convincingly you argue your position. A favorable ruling is never guaranteed.
Timeliness is crucial when petitioning the BFR. Petitions must be filed within specific time limits set forth by the applicable statutory law for the type of tax involved. Procrastinating on filing could result in missing the opportunity to challenge an assessment or decision.
While it's important to include as much relevant information and documentation as possible when first filing the petition, additional evidence can indeed be submitted thereafter. However, it's essential to note that all evidential materials must be submitted at least five working days prior to any scheduled hearing for them to be considered.
Understanding the purpose, requirements, and potential pitfalls of the Pennsylvania BFR-003 form can greatly enhance your ability to navigate the state's tax appeal process. Misconceptions can lead to errors, but with the correct information, you can file petitions with confidence and precision.
Filling out the Pennsylvania BFR-003 form accurately is essential for requesting a review or refund from the Board of Finance and Revenue. Here are key takeaways to ensure correct completion and submission:
The completion and submission of the BFR-003 form require thoughtful attention to detail. By adhering to these guidelines, petitioners can ensure their requests are clearly understood and correctly processed by the Board of Finance and Revenue.
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