PRINTER'S NO. 769

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 710 Session of 1987


        INTRODUCED BY HUTCHINSON, MARCH 9, 1987

        REFERRED TO COMMITTEE ON FINANCE, MARCH 9, 1987

                                     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," deleting references to insurance in the
    11     definition of "purchase price."

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201(g)(4) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
    16  to read:
    17     Section 201.  Definitions.--The following words, terms and
    18  phrases when used in this Article II shall have the meaning
    19  ascribed to them in this section, except where the context
    20  clearly indicates a different meaning:
    21     * * *
    22     (g)  "Purchase price."

     1     * * *
     2     (4)  Where there is a transfer or retention of possession or
     3  custody, whether it be termed a rental, lease, service or
     4  otherwise, of tangible personal property including, but not
     5  limited to linens, aprons, motor vehicles, trailers, tires,
     6  industrial office and construction equipment, and business
     7  machines the full consideration paid or delivered to the vendor
     8  or lessor shall be considered the purchase price, even though
     9  such consideration be separately stated and be designated as
    10  payment for processing, laundering, service, maintenance,
    11  [insurance,] repairs, depreciation or otherwise. Where the
    12  vendor or lessor supplies or provides an employe to operate such
    13  tangible personal property, the value of the labor thus supplied
    14  may be excluded and shall not be considered as part of the
    15  purchase price if separately stated. There shall also be
    16  included as part of the purchase price the value of anything
    17  paid or delivered, or promised to be paid or delivered by a
    18  lessee, whether it be money or otherwise, to any person other
    19  than the vendor or lessor by reason of the maintenance[,
    20  insurance] or repair of the tangible personal property which a
    21  lessee has the possession or custody of under a rental contract
    22  or lease arrangement.
    23     * * *
    24     Section 2.  This act shall take effect in 60 days.




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