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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, BARRAR, BOYD, CALTAGIRONE, CLYMER, D. COSTA, DENLINGER, EVERETT, FLECK, GEIST, GRELL, HESS, HORNAMAN, KULA, MILLARD, PETRARCA, REICHLEY, SWANGER, J. TAYLOR, VULAKOVICH, YOUNGBLOOD 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 | 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: |
20 | (i) grandfather, grandmother, father, mother, except |
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1 | transfers under subclause (1.2), and lineal descendants; or |
2 | (ii) wife or widow and husband or widower of a child. |
3 | (1.1) Inheritance tax upon the transfer of property passing |
4 | to or for the use of a husband or wife shall be: |
5 | (i) At the rate of three per cent for estates of decedents |
6 | dying on or after July 1, 1994, and before January 1, 1995. |
7 | (ii) At a rate of zero per cent for estates of decedents |
8 | dying on or after January 1, 1995. |
9 | (1.2) Inheritance tax upon the transfer of property from a |
10 | child twenty-one years of age or younger to or for the use of a |
11 | natural parent, an adoptive parent or a stepparent of the child |
12 | shall be at the rate of zero per cent. |
13 | (1.3) Inheritance tax upon the transfer of property passing |
14 | to or for the use of a sibling shall be at the rate of [twelve] |
15 | six per cent. |
16 | (2) Inheritance tax upon the transfer of property passing to |
17 | or for the use of all persons other than those designated in |
18 | subclause (1), (1.1), (1.2) or (1.3) or exempt under section |
19 | 2111(m) shall be at the rate of fifteen per cent. |
20 | (3) When property passes to or for the use of a husband and |
21 | wife with right of survivorship, one of whom is taxable at a |
22 | rate lower than the other, the lower rate of tax shall be |
23 | applied to the entire interest. |
24 | * * * |
25 | Section 2. This act shall take effect in 60 days. |
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