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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, ADOLPH, DENLINGER, FLECK, GINGRICH, HENNESSEY, HESS, ROCK AND SCAVELLO, APRIL 29, 2009 |
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| REFERRED TO COMMITTEE ON FINANCE, APRIL 29, 2009 |
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| AN ACT |
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1 | Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An |
2 | act relating to tax reform and State taxation by codifying |
3 | and enumerating certain subjects of taxation and imposing |
4 | taxes thereon; providing procedures for the payment, |
5 | collection, administration and enforcement thereof; providing |
6 | for tax credits in certain cases; conferring powers and |
7 | imposing duties upon the Department of Revenue, certain |
8 | employers, fiduciaries, individuals, persons, corporations |
9 | and other entities; prescribing crimes, offenses and |
10 | penalties," further providing for imposition of the sales and |
11 | use tax. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 202(a) and (b) of the act of March 4, |
15 | 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, |
16 | amended September 9, 1971 (P.L.437, No.105), are amended and the |
17 | section is amended by adding a subsection to read: |
18 | Section 202. Imposition of Tax.--(a) [There] Except as |
19 | provided in subsection (h), there is hereby imposed upon each |
20 | separate sale at retail of tangible personal property or |
21 | services, as defined herein, within this Commonwealth a tax of |
22 | six per cent of the purchase price, which tax shall be collected |
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1 | by the vendor from the purchaser, and shall be paid over to the |
2 | Commonwealth as herein provided. |
3 | (b) [There] Except as provided in subsection (h), there is |
4 | hereby imposed upon the use, on and after the effective date of |
5 | this article, within this Commonwealth of tangible personal |
6 | property purchased at retail on or after the effective date of |
7 | this article, and on those services described herein purchased |
8 | at retail on and after the effective date of this article, a tax |
9 | of six per cent of the purchase price, which tax shall be paid |
10 | to the Commonwealth by the person who makes such use as herein |
11 | provided, except that such tax shall not be paid to the |
12 | Commonwealth by such person where he has paid the tax imposed by |
13 | subsection (a) of this section or has paid the tax imposed by |
14 | this subsection (b) to the vendor with respect to such use. The |
15 | tax at the rate of six per cent imposed by this subsection shall |
16 | not be deemed applicable where the tax has been incurred under |
17 | the provisions of the "Tax Act of 1963 for Education." |
18 | * * * |
19 | (h) There is hereby imposed upon each separate sale at |
20 | retail or use of a passenger motor vehicle within this |
21 | Commonwealth a tax of four per cent of the purchase price, which |
22 | tax shall be collected by the vendor from the purchaser, and |
23 | shall be paid over to the Commonwealth as herein provided. This |
24 | subsection shall expire December 31, 2010. |
25 | Section 2. This act shall take effect January 1, 2010. |
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