PRINTER'S NO. 2806
No. 2229 Session of 1991
INTRODUCED BY PICCOLA, MAYERNIK, FLEAGLE, SCHULER, FAIRCHILD, ALLEN, CHADWICK, WILSON, NOYE, SAURMAN, NAHILL, BIRMELIN, JADLOWIEC, CLARK, LANGTRY, FARMER, HERSHEY, GEIST, O'BRIEN, D. W. SNYDER, GLADECK, HECKLER, E. Z. TAYLOR, MICOZZIE, REBER, MARSICO, DEMPSEY, REINARD, NAILOR, LEH, BUSH, CORNELL, BUNT, KING, VROON, CLYMER, M. N. WRIGHT, TOMLINSON, ANGSTADT, FARGO, CARLSON, BARLEY, BLACK, PITTS, STAIRS, RAYMOND, MERRY, GERLACH, KENNEY, FLICK, ARMSTRONG, TULLI, LAWLESS, SCHEETZ, JOHNSON, TELEK, DURHAM, BROUJOS, ROBINSON, S. H. SMITH AND LEE, NOVEMBER 25, 1991
REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 25, 1991
AN ACT 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 the exclusion of certain 11 services from sales tax. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 204 of the act of March 4, 1971 (P.L.6, 15 No.2), known as the Tax Reform Code of 1971, is amended by 16 adding a clause to read: 17 Section 204. Exclusions from Tax.--The tax imposed by 18 section 202 shall not be imposed upon
1 * * * 2 (49) The sale at retail or use of the services enumerated in 3 section 201(k)(11) through 23 or 201(o)(9) through (20) which 4 represents an allocation, reimbursement or charge for services 5 provided or rendered between persons specified in any of the 6 paragraphs of subsection 267(b) or 269B(c)(2) of the Internal 7 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), 8 as amended. 9 Section 2. Section 401(3)1(b) and 4(a) and (c) of the act, 10 amended July 1, 1985 (P.L.78, No.29) and August 4, 1991 (P.L.97, 11 No.22), are amended to read: 12 Section 401. Definitions.--The following words, terms, and 13 phrases, when used in this article, shall have the meaning 14 ascribed to them in this section, except where the context 15 clearly indicates a different meaning: 16 * * * 17 (3) "Taxable income." 1. * * * 18 (b) Additional deductions shall be allowed from taxable 19 income (i) on account of any dividends received from any other 20 corporation, other than thirty per cent of dividends received 21 from a corporation in which the taxpayer owns less than ten per 22 cent of the voting stock of such corporation, but only to the 23 extent that such dividends are included in taxable income as 24 returned to and ascertained by the Federal Government[. For tax 25 years beginning on or after January 1, 1991, an additional 26 deduction shall only be allowed]; and (ii) for amounts 27 included, under section 78 of the Internal Revenue Code of 1986 28 (Public Law 99-514, 26 U.S.C. § 78), in taxable income returned 29 to and ascertained by the Federal Government. 30 * * * 19910H2229B2806 - 2 -
1 4. (a) For taxable years beginning in 1982 [through taxable 2 years beginning in 1990] and thereafter, except for taxable 3 years beginning in 1991 and 1992, a net loss deduction shall be 4 allowed from taxable income as arrived at under subclause 1 or, 5 if applicable, subclause 2. [For taxable years beginning in 1991 6 and thereafter, the net loss deduction allowed for years prior 7 to 1991 shall be suspended; and no carryover of net losses from 8 taxable years 1988, 1989, and 1990 shall be utilized in 9 calculating net income.] For any carryover of a net loss from 10 taxable years beginning in 1988, 1989 and 1990, to taxable years 11 beginning in 1991 and 1992, for which a net loss deduction has 12 been disallowed by this paragraph, the three taxable years 13 carryover period is extended by two taxable years, as shown in 14 paragraph (c). For any carryover of a net loss from the taxable 15 year beginning in 1991, to the taxable year beginning in 1992, 16 for which a net loss deduction has been disallowed by this 17 paragraph, the three taxable years carryover period is extended 18 by one taxable year, as shown in paragraph (c). 19 * * * 20 (c) The net loss deduction shall be the lesser of the amount 21 of the net loss or losses which may be carried over to the 22 taxable year or taxable income as determined under subclause 1 23 or, if applicable, subclause 2. A net loss for a taxable year 24 may only be carried over pursuant to the following schedule: 25 Taxable Year Carryover 26 1981 1 taxable year 27 1982 2 taxable years 28 [1983 and thereafter 3 taxable years] 29 1983 - 1987 3 taxable years 30 1988 - 1990 5 taxable years 19910H2229B2806 - 3 -
1 1991 4 taxable years 2 1992 and thereafter 3 taxable years 3 The earliest net loss shall be carried over to the earliest 4 taxable year to which it may be carried under this schedule. 5 * * * 6 Section 3. Section 407 (b) and (e) of the act, amended or 7 added August 4, 1991 (P.L.97, No.22), are amended to read: 8 Section 407. Settlement and Resettlement.--* * * 9 (b) If, within a period of [three years] eighteen months 10 after the date of any settlement, the department is not 11 satisfied with such settlement, or if at any time the net income 12 as returned by any corporation to the Federal Government is 13 finally changed or corrected by the Commissioner of Internal 14 Revenue or by any other agency or court of the United States 15 with the result that tax, in addition to the amount paid, is due 16 under this article, the department is hereby authorized and 17 empowered to make a resettlement of the tax due by such 18 corporation, based upon the facts contained in the report, or 19 upon any information within its possession or that shall come 20 into its possession. 21 Whenever a resettlement shall have been made hereunder, the 22 department shall resettle the account according to law and shall 23 credit or charge, as the case may be, the amount resulting from 24 such resettlement upon the current accounts of the corporation 25 with which it is made. 26 The resettlement shall be subject to audit and approval by 27 the Department of the Auditor General as in the case of original 28 settlement, and in case of the failure of the two departments to 29 agree, the resettlement shall be submitted to the Board of 30 Finance and Revenue as in the case of original settlements. 19910H2229B2806 - 4 -
1 * * * 2 [(e) If any taxpayer, pursuant to petition or appeal, is 3 granted a resettlement or issued an order of court or a judgment 4 basing the taxpayer's tax for any taxable year upon the 5 principles of multiformity or unrelated assets resulting from a 6 final decision upon the taxpayer's petition or appeal, or any 7 stipulation for judgment in settlement of litigation thereon, 8 then any taxable year of the taxpayer within a three-year period 9 prior to the taxable year in issue or any taxable year 10 thereafter may be resettled consistent with such principles 11 within one year of such resettlement, order of court or 12 judgment.] 13 Section 4. This act shall be retroactive as follows: 14 (1) The amendment of section 204 of the act shall be 15 retroactive to August 4, 1991. 16 (2) The amendment of sections 401 and 407 of the act 17 shall be retroactive to January 1, 1991. 18 Section 5. This act shall take effect immediately. J1L72RZ/19910H2229B2806 - 5 -