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                                                       PRINTER'S NO. 385

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 339 Session of 2003


        INTRODUCED BY MANN, THOMAS, LEDERER, GEIST, CREIGHTON,
           YOUNGBLOOD, MARKOSEK, WATSON, COY, BUXTON, TANGRETTI, NAILOR,
           HUTCHINSON, FAIRCHILD, NICKOL, CORRIGAN, READSHAW, BAKER,
           FORCIER, CAPPELLI, BASTIAN, LAUGHLIN, BARD, BELFANTI,
           GORDNER, BARRAR, R. MILLER, REED, LEWIS, MUNDY, ROSS,
           MARSICO, WOJNAROSKI, CURRY, HENNESSEY, TRUE, CAUSER, ADOLPH,
           STERN, HORSEY, MICOZZIE, SATHER, SURRA, HERSHEY, FREEMAN,
           BROWNE, MACKERETH, GEORGE, COSTA, PETRARCA, FRANKEL, CRUZ,
           GRUCELA, McILHATTAN, R. STEVENSON, DALLY, MELIO, KOTIK,
           TRAVAGLIO, BENNINGHOFF, SHANER, ALLEN, PRESTON, SOLOBAY,
           SCHRODER, GOODMAN, MAHER, S. MILLER, WASHINGTON, TURZAI,
           CAWLEY, PICKETT, HARPER, REICHLEY AND CIVERA,
           FEBRUARY 18, 2003

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 18, 2003

                                     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 definition of "capital
    11     stock value."

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  The definition of "capital stock value" in
    15  section 601(a) of the act of March 4, 1971 (P.L.6, No.2), known
    16  as the Tax Reform Code of 1971, amended May 7, 1997 (P.L.85,
    17  No.7), is amended to read:

     1     Section 601.  Definitions and Reports.--(a)  The following
     2  words, terms and phrases when used in this Article VI shall have
     3  the meaning ascribed to them in this section, except where the
     4  context clearly indicates a different meaning:
     5     * * *
     6     "Capital stock value."  The amount computed pursuant to the
     7  following formula: the product of one-half times the sum of the
     8  average net income capitalized at the rate of nine and one-half
     9  per cent plus seventy-five per cent of net worth, from which
    10  product shall be subtracted [one hundred twenty-five thousand
    11  dollars ($125,000)] two hundred fifty thousand dollars
    12  ($250,000), the algebraic equivalent of which is
    13               (.5 X (average net income/.095 + (.75)
    14                (net worth))) - [$125,000] $250,000
    15     * * *
    16     Section 2.  This act shall apply to taxable years beginning
    17  after December 31, 2002.
    18     Section 3.  This act shall take effect immediately.








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