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Pennsylvania Interest on Underpayments of Tax

(Current through December 2008)

Under sections 806 and 806.1 of the Fiscal Code (72 P.S. §§ 806 and 806.1), all underpayments of tax which became due and payable to the Commonwealth of Pennsylvania on or after January 1, 1982, bear interest at the same rate established under section 6621(a)(2) of the Internal Revenue Code. However, the Pennsylvania interest is simple interest (and not compounded like federal interest) and the Pennsylvania rates are adjusted annually, and not quarterly.

These same rates apply to overpayments of tax under Article III of the Tax Reform Code of 1971, but all other overpayments of tax bear interest at a rate that is two percentage points lower.

The following is a table of the rates that have applied since January 1, 1982, expressed both as an annual rate and as a daily factor. To calculate interest for X days, multiply the daily factor by X and the tax underpaid. (See also, 61 Pa.Code 4.2(b).)

Year Underpayment
Annual Rate
Underpayment
Daily Factor
Authority
1982 20% .000548
1983 16% .000438
1984 11% .000301
1985 13% .000356
1986 10% .000274
1987 9% .000247 16 Pa.B. 4908
1988 11% .000301 17 Pa.B. 5286
1989 11% .000301 18 Pa.B. 5680
1990 11% .000301 19 Pa.B. 5081
1991 11% .000301 20 Pa.B. 5870
1992 9% .000247 21 Pa.B. 6012
1993 7% .000192 22 Pa.B. 6142
1994 7% .000192 24 Pa.B. 81
1995 9% .000247 24 Pa.B. 6486
1996 9% .000247 25 Pa.B. 5788
1997 9% .000247 26 Pa.B. 6224
1998 9% .000247 27 Pa.B. 6866
1999 7% .000192 28 Pa.B. 6351
2000 8% .000218 29 Pa.B. 6377
2001 9% .000247 30 Pa.B. 6494
2002 6% .000164 31 Pa.B. 6990
2003 5% .000137 32 Pa.B. 6220
2004 4% .000110 34 Pa.B. 448
2005 5% .000137 35 Pa.B. 78
2006 7% .000192 35 Pa.B. 7067
2007 8% .000218 36 Pa.B. 8021
2008 7% .000192 37 Pa.B. 6097


The Pennsylvania Estate and Trust Cybrary
Daniel B. Evans, Attorney at Law
P.O. Box 27370
Philadelphia, PA 19118
Telephone: (215) 233-0988
Email: dan@evans-legal.com