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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, CALTAGIRONE, STABACK, M. O'BRIEN, D. COSTA, GOODMAN, KOTIK, JOSEPHS, LONGIETTI AND KAVULICH, FEBRUARY 2, 2011 |
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| REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 2, 2011 |
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| AN ACT |
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1 | Providing for a sales and use tax on political advertisements. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Funding for |
6 | the Uninsured through the Adult Basic Program Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Department." The Department of Revenue of the Commonwealth. |
12 | "Media company." An entity which broadcasts, publishes or |
13 | otherwise communicates a political advertisement for a fee. |
14 | "Political advertisement." A communication by means of any |
15 | broadcast, cable or satellite communication, newspaper, |
16 | magazine, outdoor advertising facility, mass mailing or |
17 | telephone bank to the general public which advocates a candidate |
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1 | for public office or a political party or any other form of |
2 | advertisement whose primary function is to disseminate a |
3 | political message. |
4 | "Sale at retail." A transfer for consideration of the |
5 | ownership, custody or possession of a political advertisement, |
6 | including the grant of a license to use or consume the |
7 | advertisement, whether the transfer is absolute or conditional |
8 | and regardless of how the transfer is made. |
9 | "Use." The exercise of any right or power incidental to the |
10 | ownership, custody or possession of a political advertisement, |
11 | including transportation, storage or consumption. The term shall |
12 | include the printing of a political advertisement when a media |
13 | company furnishes, either directly or indirectly, the articles |
14 | used in printing. |
15 | Section 3. Imposition of tax. |
16 | (a) Sales tax.--There is hereby imposed upon each separate |
17 | sale at retail of a political advertisement in this Commonwealth |
18 | a tax of 6% of the purchase price, which shall be collected by a |
19 | media company from any purchaser and shall be paid over to the |
20 | Commonwealth as provided in this act. |
21 | (b) Use tax.--There is hereby imposed on the use within this |
22 | Commonwealth of a political advertisement purchased at retail a |
23 | tax of 6% of the purchase price which tax shall be paid to the |
24 | Commonwealth by the person who makes the use, except that the |
25 | tax shall not be paid to the Commonwealth by that person where |
26 | the tax imposed under subsection (a) is or has been paid or the |
27 | tax imposed under this subsection is paid by the media company |
28 | with regard to the use. |
29 | Section 4. Credit for sales and use taxes paid. |
30 | A purchaser may claim a credit for taxes paid under Article |
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1 | II of the act of March 4, 1971 (P.L.6, No.2), known as the Tax |
2 | Reform Code of 1971. |
3 | Section 5. Administration and enforcement. |
4 | Parts III, IV, VI and VII of Article II of the act of March |
5 | 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, are |
6 | incorporated by reference into this act insofar as they are |
7 | applicable to the tax imposed by this act. |
8 | Section 6. Deposit of moneys. |
9 | Moneys collected from the tax imposed under this act, and |
10 | interest earned on the moneys, shall be deposited into the |
11 | Tobacco Settlement Fund established under the act of June 26, |
12 | 2001 (P.L.755, No.77), known as the Tobacco Settlement Act, and |
13 | shall be used only for the purposes delineated in Chapter 13 of |
14 | the Tobacco Settlement Act. |
15 | Section 7. Rules and regulations. |
16 | The department may promulgate rules and regulations for the |
17 | implementation and administration of this act. |
18 | Section 8. Effective date. |
19 | This act shall take effect in 60 days. |
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