PRINTER'S NO. 3100

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2384 Session of 1996


        INTRODUCED BY CLYMER, GEIST, BAKER, MARKOSEK, TRELLO, SAYLOR,
           ROHRER, SATHER, BROWN, L. I. COHEN, FICHTER, YOUNGBLOOD AND
           MERRY, FEBRUARY 7, 1996

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 7, 1996

                                     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 from transfer
    11     tax for certain conveyances involving nonprofit industrial
    12     development agencies or authorities.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 1102-C.3(15) of the act of March 4, 1971
    16  (P.L.6, No.2), known as the Tax Reform Code of 1971, added July
    17  2, 1986 (P.L.318, No.77), is amended to read:
    18     Section 1102-C.3.  Excluded Transactions.--The tax imposed by
    19  section 1102-C shall not be imposed upon:
    20     * * *
    21     (15)  A transfer from a nonprofit industrial development
    22  agency or authority to a grantee purchasing directly from it,


     1  but only if:
     2     (i)  [the grantee shall directly use such real estate] such
     3  real estate is used by grantee or lessee of grantee for the
     4  primary purpose of manufacturing, fabricating, compounding,
     5  processing, publishing, research and development,
     6  transportation, energy conversion, energy production, pollution
     7  control, warehousing [or], agriculture, retail or wholesale; and
     8     (ii)  the agency or authority has the full ownership interest
     9  in the real estate transferred.
    10     * * *
    11     Section 2.  This act shall take effect immediately.













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