PRINTER'S NO. 1337
No. 1173 Session of 1991
INTRODUCED BY McCALL, CAPPABIANCA, STISH, MELIO, NOYE,
ARMSTRONG, FAIRCHILD, VEON, HALUSKA, KRUSZEWSKI, BILLOW,
MARKOSEK, BELFANTI, DALEY, BATTISTO, TRELLO, GEIST, STEELMAN
AND ITKIN, APRIL 17, 1991
REFERRED TO COMMITTEE ON FINANCE, APRIL 17, 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," and establishing the State Right-of-Way Donation
11 Tax Credit Law.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of March 4, 1971 (P.L.6, No.2), known as
15 the Tax Reform Code of 1971, is amended by adding an article to
16 read:
17 ARTICLE XIX-A
18 STATE RIGHT-OF-WAY DONATION TAX CREDIT
19 Section 1901-A. Short Title.--This article shall be known as
20 the State Right-of-Way Donation Tax Credit Law.
21 Section 1902-A. Definitions.--The following words, terms and
1 phrases, when used in this article, shall have the meanings
2 ascribed to them in this section, except where the context
3 clearly indicates a different meaning:
4 "Department" means the Department of Revenue of the
5 Commonwealth.
6 "Right-of-way donation" means any donation of land or money
7 in lieu of land accepted by the Department of Transportation
8 under section 2003(e)(1) of the act of April 9, 1929 (P.L.177,
9 No.175), known as "The Administrative Code of 1929," which is
10 used for the purpose of constructing, rebuilding, relocating,
11 widening and reconstructing or repairing any State designated
12 highway.
13 Section 1903-A. Authorization of Tax Credit.--A corporation
14 shall be entitled to tax credits against the taxes imposed under
15 Articles II, IV and VI for any right-of-way donation to the
16 Department of Transportation.
17 Section 1904-A. Rate and Use of Tax Credits.--(a) The rate
18 of such tax credits for each tax shall be in an amount equal to
19 fifty per cent of the fair market value of the real estate in
20 the right-of-way donation or fifty per cent of the monetary
21 donation.
22 (b) The tax credits prescribed under this article may be
23 utilized as follows:
24 (1) Ten per cent for the tax year during which the
25 qualifying donation was made.
26 (2) To the extent not utilized, ten per cent per year may be
27 carried over for a period not to exceed four consecutive tax
28 years by the taxpayer.
29 Section 1905-A. Powers and Duties.--In addition to those
30 created by any other act of the General Assembly, the Secretary
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1 of Revenue and the Secretary of Transportation shall have the
2 power and it shall be their duty to:
3 (1) Publish any rules and regulations which may be required
4 to implement this article.
5 (2) Publish as a notice in the Pennsylvania Bulletin, no
6 later than sixty days following the effective date of this
7 article, forms upon which taxpayers may apply for the tax
8 credits authorized by this article.
9 (3) Within five months after the close of any calendar year
10 during which tax credits granted pursuant to this article were
11 used, furnish to members of the General Assembly an annual
12 report providing, as to each corporation which utilized tax
13 credits during the preceding year pursuant to this article, the
14 corporation's name, address and the amount of the tax credit
15 granted.
16 Section 1906-A. Procedures.--(a) Applications for tax
17 credits shall be filed by corporations no later than January 31,
18 1992, and each January 31 thereafter for credits due during the
19 immediately previous calendar year.
20 (b) No later than June 1, 1992, and each June 1 thereafter,
21 each corporation which has filed a complete application for
22 credits pursuant to this article shall be notified regarding the
23 amount of credits awarded to each corporation. An application
24 shall be deemed complete and processable only if it is signed
25 and contains the taxpayer's name, address, identifying numbers
26 and sufficient other information and documentation necessary to
27 determine the amount of credit.
28 (c) Appeals of determination made pursuant to this article
29 shall be made pursuant to the administrative provisions of
30 Article IV, except that the approval of the Office of the
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1 Auditor General shall not be required.
2 Section 2. This act shall take effect immediately.
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