PRINTER'S NO. 806

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 724 Session of 1983


        INTRODUCED BY HUTCHINSON, APRIL 11, 1983

        REFERRED TO COMMITTEE ON FINANCE, APRIL 11, 1983

                                     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," exempting moneys received from municipalities
    11     from utilities' gross receipts and taxes thereon.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 1101(a) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  December 11, 1979 (P.L.499, No.107), is amended to read:
    17     Section 1101.  Imposition of Tax.--(a)  General Rule.--Every
    18  railroad company, pipeline company, conduit company, steamboat
    19  company, canal company, slack water navigation company,
    20  transportation company, and every other company, association,
    21  joint-stock association, or limited partnership, now or
    22  hereafter incorporated or organized by or under any law of this

     1  Commonwealth, or now or hereafter organized or incorporated by
     2  any other state or by the United States or any foreign
     3  government, and doing business in this Commonwealth, and every
     4  copartnership, person or persons owning, operating or leasing to
     5  or from another corporation, company, association, joint-stock
     6  association, limited partnership, copartnership, person or
     7  persons, any railroad, pipeline, conduit, steamboat, canal,
     8  slack water navigation, or other device for the transportation
     9  of freight, passengers, baggage, or oil, except taxicabs, motor
    10  buses and motor omnibuses, and every limited partnership,
    11  association, joint-stock association, corporation or company
    12  engaged in, or hereafter engaged in, the transportation of
    13  freight or oil within this State, and every telephone company,
    14  telegraph company, express company, gas company, palace car
    15  company and sleeping car company, now or hereafter incorporated
    16  or organized by or under any law of this Commonwealth, or now or
    17  hereafter organized or incorporated by any other state or by the
    18  United States or any foreign government and doing business in
    19  this Commonwealth, and every limited partnership, association,
    20  joint-stock association, copartnership, person or persons,
    21  engaged in telephone, telegraph, express, gas, palace car or
    22  sleeping car business in this Commonwealth, shall pay to the
    23  State Treasurer, through the Department of Revenue, a tax of
    24  forty-five mills upon each dollar of the gross receipts of the
    25  corporation, company or association, limited partnership, joint-
    26  stock association, copartnership, person or persons, received
    27  from passengers, baggage, and freight transported wholly within
    28  this State, from telegraph or telephone messages transmitted
    29  wholly within this State, from express, palace car or sleeping
    30  car business done wholly within this State, or from the sales of
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     1  gas, except gross receipts derived from sales to any
     2  municipality owned or operated public utility and except gross
     3  receipts derived from the sales for resale, to persons,
     4  partnerships, associations, corporations or political
     5  subdivisions subject to the tax imposed by this act upon gross
     6  receipts derived from such resale and from the transportation of
     7  oil done wholly within this State. The gross receipts of public
     8  utilities shall not include any moneys received from municipal
     9  customers. The gross receipts of gas companies shall include the
    10  gross receipts from the sale of artificial and natural gas, but
    11  shall not include gross receipts from the sale of liquefied
    12  petroleum gas.
    13     * * *
    14     Section 2.  This act shall take effect in 30 days.











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