Bill Text: PA SB199 | 2009-2010 | Regular Session | Introduced

---

Bill Title: In personal income tax, defining "disaster losses"; and providing for classes of income.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Introduced - Dead) 2009-02-19 - Referred to FINANCE [SB199 Detail]

Download: Pennsylvania-2009-SB199-Introduced.html

---

PRINTER'S NO. 207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 199 Session of2009
INTRODUCED BY PIPPY, FOLMER, WONDERLING, WAUGH, EARLL, SCARNATI, BROWNE, ORIE, LOGAN, EICHELBERGER AND BOSCOLA, FEBRUARY 19, 2009
REFERRED TO FINANCE, FEBRUARY 19, 2009
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in personal income tax, defining "disaster
losses"; and providing for classes of income.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301 of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, amended July 7,
2005 (P.L.149, No.40), is amended by adding a clause to read:
Section 301. Definitions.--Any reference in this article to
the Internal Revenue Code of 1986 shall mean the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.),
as amended to January 1, 1997, unless the reference contains the
phrase "as amended" and refers to no other date, in which case
the reference shall be to the Internal Revenue Code of 1986 as
it exists as of the time of application of this article. The
following words, terms and phrases when used in this article
shall have the meaning ascribed to them in this section except
where the context clearly indicates a different meaning:
* * *
(x) "Disaster loss" means any loss sustained by the
operation of a business, profession or other activity during the
taxable year and not compensated for by insurance or otherwise
that is attributable to a disaster occurring in an area of this
Commonwealth subsequently determined by the President of the
United States to warrant assistance by the Federal Government
under The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 88 Stat. 143) and is
deductible under section 165 of the Internal Revenue Code of
1986.
Section 2. Section 303 of the act is amended by adding a
subsection to read:
Section 303. Classes of Income.--* * *
(a.8) A disaster loss may be used to offset income from the
classes of income set forth in subsection (a) regardless of the
class of income in which the disaster loss is incurred.
* * *
Section 3. This act shall apply to taxable years beginning
after December 31, 2008.
Section 4. This act shall take effect immediately.
20090SB0199PN0207 - 2 -