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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, BAKER, BARRAR, BELFANTI, BRENNAN, BURNS, CLYMER, D. COSTA, CREIGHTON, DENLINGER, EVERETT, FAIRCHILD, GEIST, GEORGE, GOODMAN, HARHAI, HARPER, HESS, HORNAMAN, KORTZ, KOTIK, KULA, MAHONEY, MELIO, MILLARD, MOUL, MURT, MUSTIO, O'NEILL, PASHINSKI, PETRARCA, PHILLIPS, PYLE, READSHAW, SIPTROTH, K. SMITH, SOLOBAY, SWANGER, J. TAYLOR, VULAKOVICH, WANSACZ AND YOUNGBLOOD, MAY 4, 2009 |
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| REFERRED TO COMMITTEE ON FINANCE, MAY 4, 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 inheritance tax. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 2116(a) of the act of March 4, 1971 |
14 | (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May |
15 | 24, 2000 (P.L.106, No.23), is amended to read: |
16 | Section 2116. Inheritance Tax.--(a) (1) Inheritance tax |
17 | upon the transfer of property passing to or for the use of any |
18 | of the following shall be at the rate of four and one-half per |
19 | cent: |
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1 | (i) grandfather, grandmother, father, mother, except |
2 | transfers under subclause (1.2), and lineal descendants; or |
3 | (ii) wife or widow and husband or widower of a child. |
4 | (1.1) Inheritance tax upon the transfer of property passing |
5 | to or for the use of a husband or wife shall be: |
6 | (i) At the rate of three per cent for estates of decedents |
7 | dying on or after July 1, 1994, and before January 1, 1995. |
8 | (ii) At a rate of zero per cent for estates of decedents |
9 | dying on or after January 1, 1995. |
10 | (1.2) Inheritance tax upon the transfer of property from a |
11 | child twenty-one years of age or younger to or for the use of a |
12 | natural parent, an adoptive parent or a stepparent of the child |
13 | shall be at the rate of zero per cent. |
14 | (1.3) Inheritance tax upon the transfer of property passing |
15 | to or for the use of a sibling shall be at the rate of [twelve] |
16 | six per cent. |
17 | (2) Inheritance tax upon the transfer of property passing to |
18 | or for the use of all persons other than those designated in |
19 | subclause (1), (1.1), (1.2) or (1.3) or exempt under section |
20 | 2111(m) shall be at the rate of fifteen per cent. |
21 | (3) When property passes to or for the use of a husband and |
22 | wife with right of survivorship, one of whom is taxable at a |
23 | rate lower than the other, the lower rate of tax shall be |
24 | applied to the entire interest. |
25 | * * * |
26 | Section 2. This act shall take effect in 60 days. |
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