72 P.S. § 1401 Liens of Taxes, Interest, Penalties, and Other Accounts Due to the Commonwealth

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-27
• Year: 2023
• Citation: 72 P.S. § 1401

All State taxes imposed under the authority of any law of this Commonwealth, now existing or that may hereafter be enacted, and unpaid bonus, penalties, and all public accounts settled, assessed or determined against any corporation, association, or person, including interest thereupon, shall be a first lien upon the franchises and property, both real and personal, of such corporation, association, or person, from the date of settlement, assessment or determination, except as otherwise expressly provided by law under which the claim of the Commonwealth arises, and whenever the franchise or property of a corporation, association, or person shall be sold at a judicial sale, all taxes, interest, bonus, penalties, and public accounts due the Commonwealth shall first be allowed and paid out of the proceeds of such sale before any judgment, mortgage, or any other claim or lien against such corporation, association, or person, except as otherwise expressly provided by law under which the claim of the Commonwealth arises: Provided, however, Where the lien of a ground rent, mortgage, or other lien created by or entered against a predecessor in title to such corporation, association, or person, or of any mortgage or other lien to which priority over the Commonwealth's lien is allowed by the provisions of the law under which the claim of the Commonwealth arises is discharged by a judicial sale, the lien of the Commonwealth shall be transferred from the property sold to the fund realized from the sale, and the purchaser shall take free of the lien of the Commonwealth, notwithstanding that the fund may be insufficient to pay all or any part of the same, unless such sale is upon a lien subordinate to the Commonwealth's lien in which case the Commonwealth's lien to the extent not paid from the proceeds shall continue in full force and effect. On distribution of the fund, the Commonwealth's lien shall be postponed in payment to said lien or liens created by or entered again...