Conshohocken, PA asked in Tax Law for Pennsylvania

Q: Is interest due on over payments in an upset sale? That is taxes due were $15,000 but county collected $185,000.

County has held the overpayment for 28 months.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: In Pennsylvania, if the county collected an overpayment during an upset sale, they are typically required to refund the excess amount. However, the law does not always mandate that interest be paid on such overpayments.

The Pennsylvania statutes regarding tax sales and overpayments do not specify an obligation for counties to pay interest on these amounts. This means that while you are entitled to a refund of the overpayment, receiving interest on the held amount may not be guaranteed.

To address this issue, you may need to contact the county directly and request the refund. If they refuse to pay interest, you can consult with a legal professional to explore any potential legal avenues for recovering the interest. It is also advisable to review the specific county regulations or any applicable case law that might influence this matter.

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