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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WILLIAMS, TARTAGLIONE, FERLO, WASHINGTON, STOUT, FONTANA, YAW, HUGHES, O'PAKE, BROWNE, KASUNIC, WAUGH, ERICKSON, STACK AND FARNESE, JANUARY 29, 2009 |
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| REFERRED TO FINANCE, JANUARY 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," providing for a tax credit for weatherization |
11 | measures. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. The act of March 4, 1971 (P.L.6, No.2), known as |
15 | the Tax Reform Code of 1971, is amended by adding an article to |
16 | read: |
17 | ARTICLE XIX-B |
18 | WEATHERIZATION TAX CREDIT |
19 | Section 1901-B. Definitions. |
20 | The following words and phrases when used in this article |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
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1 | "Tax credit." The weatherization tax credit established |
2 | under this article. |
3 | "Taxpayer." An individual subject to tax under Article III. |
4 | "Weatherization measures." Measures taken to conserve |
5 | energy, including energy audits, air leakage control, |
6 | installation of insulation and improvements to water heater |
7 | systems. |
8 | Section 1902-B. Authorization of tax credit. |
9 | (a) General rule.--Every taxpayer who undertakes |
10 | weatherization measures for the taxpayer's primary residence in |
11 | this Commonwealth shall be eligible to receive a tax credit |
12 | against any tax due under Article III. |
13 | (b) Maximum credit.--A taxpayer who is eligible under |
14 | subsection (a) shall receive a tax credit for the taxable year |
15 | for the cost of weatherization measures but no more than $2,500. |
16 | (c) Claim period.--Claims for the tax credit shall be filed |
17 | for the taxable year in which the taxpayer makes the |
18 | expenditures for the weatherization measures. |
19 | Section 1903-B. Limitations on tax credits. |
20 | Tax credits under this article shall be subject to the |
21 | following: |
22 | (1) Unused tax credits may not be carried back to prior |
23 | tax years nor carried forward to succeeding taxable years. If |
24 | not used within this time period, the tax credits shall |
25 | expire. |
26 | (2) Tax credits shall not be refundable. |
27 | (3) Tax credits shall not be transferable. |
28 | Section 1904-B. Powers and duties. |
29 | In addition to those powers created by any other act, the |
30 | Secretary of Revenue shall have the power and it shall be the |
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1 | secretary's duty to: |
2 | (1) Promulgate and publish any rules and regulations |
3 | which may be required to implement this article. |
4 | (2) Publish as a notice in the Pennsylvania Bulletin |
5 | forms upon which taxpayers may apply for the tax credit |
6 | authorized by this article. |
7 | Section 2. This act shall apply to the taxable year |
8 | beginning January 1, 2009. |
9 | Section 3. This act shall take effect immediately. |
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