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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY DINNIMAN, BAKER, COSTA, FONTANA, KASUNIC, RAFFERTY, SCHWANK, TARTAGLIONE, WAUGH, PILEGGI, SOLOBAY, WARD, BREWSTER AND STACK, NOVEMBER 9, 2011 |
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| REFERRED TO FINANCE, NOVEMBER 9, 2011 |
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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," in sales and use tax, further providing for |
11 | exclusions from tax. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 204(10) of the act of March 4, 1971 |
15 | (P.L.6, No.2), known as the Tax Reform Code of 1971, amended |
16 | April 23, 1998 (P.L.239, No.45), is amended and the section is |
17 | amended by adding a clause to read: |
18 | Section 204. Exclusions from Tax.--The tax imposed by |
19 | section 202 shall not be imposed upon any of the following: |
20 | * * * |
21 | (10) [The] Except as otherwise provided in clause (10.1), |
22 | the sale at retail to or use by (i) any charitable organization, |
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1 | volunteer firemen's organization or nonprofit educational |
2 | institution, or (ii) a religious organization for religious |
3 | purposes of tangible personal property or services other than |
4 | pursuant to a construction contract: Provided, however, That the |
5 | exclusion of this clause shall not apply with respect to any |
6 | tangible personal property or services used in any unrelated |
7 | trade or business carried on by such organization or institution |
8 | or with respect to any materials, supplies and equipment used |
9 | and transferred to such organization or institution in the |
10 | construction, reconstruction, remodeling, renovation, repairs |
11 | and maintenance of any real estate structure, other than |
12 | building machinery and equipment, except materials and supplies |
13 | when purchased by such organizations or institutions for routine |
14 | maintenance and repairs. |
15 | (10.1) The sale at retail or use by a volunteer firemen's |
16 | organization of any materials, supplies and equipment in the |
17 | construction, reconstruction, remodeling, renovation, repair and |
18 | maintenance of any real estate structure. |
19 | * * * |
20 | Section 2. This act shall take effect in 60 days. |
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