PRINTER'S NO. 2559

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2060 Session of 1981


        INTRODUCED BY HALUSKA, MAIALE, DAWIDA, LUCYK, TELEK,
           PETRARCA, POTT, McVERRY, PRATT, SWAIM, JOHNSON, SEVENTY,
           MERRY, F. E. TAYLOR, FRAZIER, H. WILLIAMS AND BROWN,
           NOVEMBER 16, 1981

        REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 16, 1981

                                   AN ACT

     1  Amending the act of June 15, 1961 (P.L.373, No.207),
     2     entitled "An act providing for the imposition of certain
     3     taxes upon the transfer of property passing from a
     4     decedent who was a resident of the Commonwealth at the
     5     time of his death or presumed death and of property
     6     having its situs in the Commonwealth of a decedent who
     7     was a nonresident of the Commonwealth at the time of his
     8     death or presumed death; imposing additional taxes to
     9     equal Federal Estate Tax Credits; defining and taxing
    10     certain transfers made in contemplation of death, or to
    11     take effect in possession or enjoyment at or after death;
    12     defining as a transfer and taxing the right of
    13     survivorship in certain property as to which such right
    14     exists; defining and exempting from tax, transfers to
    15     certain persons or for certain purposes or of certain
    16     property; providing for the valuation of property and
    17     interests in property, the transfer of which is subject
    18     to tax; defining and allowing deductions from the value
    19     of property, the transfer of which is subject to tax;
    20     providing for the persons ultimately liable for taxes in
    21     the absence of a direction by the decedent to the
    22     contrary; providing for the reporting of transfers and
    23     collection of taxes; imposing penalties upon banks or
    24     other financial institutions for failure to give notice
    25     to the Department of Revenue of the death of a party to a
    26     joint or trust deposit therein and upon persons who fail
    27     to file tax returns and documents; providing for the
    28     compromise of taxes in the case of alleged nonresidents
    29     of the Commonwealth; making it unlawful for any person to
    30     make a false return or report; providing for liens upon
    31     real property, the transfer of which is subject to tax,
    32     and release thereof; authorizing the Secretary of Revenue


     1     to bring suits in other jurisdictions for the collection
     2     of taxes, and authorizing officials of other
     3     jurisdictions to bring suits in the Commonwealth for the
     4     collection of death taxes imposed by their jurisdictions;
     5     providing for the refund of taxes to which the
     6     Commonwealth is not rightfully or equitably entitled;
     7     providing for appeals and protests from the imposition of
     8     taxes; regulating the entry into safe deposit boxes of a
     9     decedent by certain persons, and providing penalties;
    10     dealing with the jurisdiction, powers and procedure of
    11     the orphans' court, Secretary of Revenue, Department of
    12     Revenue, Attorney General, and register of wills in
    13     matters relating to taxes; and citing certain acts for
    14     repeal," extending the discount time on inheritance tax.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 716, act of June 15, 1961 (P.L.373,
    18  No.207), known as the "Inheritance and Estate Tax ACt of
    19  1961," is amended to read:
    20     Section 716.  Discount.--To the extent that the
    21  inheritance tax is paid within [three (3)] six (6) months
    22  after the death of the decedent, a discount of five (5)
    23  percent shall be allowed.
    24     Section 2.  This act shall take effect in 60 days.









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