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                                                       PRINTER'S NO. 490

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 469 Session of 2001


        INTRODUCED BY KASUNIC, MELLOW, WAGNER, MUSTO, BODACK, COSTA,
           KITCHEN, SCHWARTZ, TARTAGLIONE, WAUGH, WOZNIAK, LOGAN AND
           STACK, FEBRUARY 15, 2001

        REFERRED TO FINANCE, FEBRUARY 15, 2001

                                     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 joint tenancy.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2108(a) of the act of March 4, 1971
    14  (P.L.6, No.2), known as the Tax Reform Code of 1971, added
    15  August 4, 1991 (P.L.97, No.22), is amended to read:
    16     Section 2108.  Joint Tenancy.--(a)  When any property is held
    17  in the names of two or more persons or is deposited in a
    18  financial institution in the names of two or more persons so
    19  that, upon the death of one of them, the survivor or survivors
    20  have a right to the immediate ownership or possession and
    21  enjoyment of the whole property, the accrual of such right, upon


     1  the death of one of them, shall be deemed a transfer subject to
     2  tax of a fractional portion of such property to be determined by
     3  dividing the value of the whole property by the number of joint
     4  tenants in existence immediately preceding the death of the
     5  deceased joint tenant. This section shall not apply to any
     6  property interest in a joint account deposited in a financial
     7  institution passing by right of survivorship to the survivor who
     8  funded the entire account.
     9     * * *
    10     Section 2.  This act shall take effect in 60 days.














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