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                                                      PRINTER'S NO. 3454

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2443 Session of 2004


        INTRODUCED BY MUSTIO, ARMSTRONG, BAKER, BALDWIN, BARD, BARRAR,
           BOYD, BROWNE, BUNT, CAPPELLI, CAUSER, CRAHALLA, CREIGHTON,
           DALEY, DALLY, DENLINGER, EGOLF, FAIRCHILD, FEESE, FORCIER,
           GABIG, GEIST, GERGELY, GILLESPIE, GINGRICH, GOOD, HARPER,
           HARRIS, HERSHEY, HUTCHINSON, KILLION, MAJOR, MARKOSEK,
           MARSICO, McILHATTAN, McILHINNEY, McNAUGHTON, METCALFE,
           MILLARD, R. MILLER, S. MILLER, PAYNE, PICKETT, REED,
           REICHLEY, ROHRER, ROSS, RUBLEY, SAINATO, SCAVELLO, SCHRODER,
           SEMMEL, SOLOBAY, STEIL, STERN, R. STEVENSON, T. STEVENSON,
           E. Z. TAYLOR, TRUE, TURZAI, WATSON, WEBER AND WILT,
           MARCH 16, 2004

        REFERRED TO COMMITTEE ON FINANCE, MARCH 16, 2004

                                     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, in capital stock franchise
    11     tax, for imposition and for expiration.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Sections 602(h) and 607 of the act of March 4,
    15  1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,
    16  amended December 23, 2003 (P.L.  , No.46), are amended to read:
    17     Section 602.  Imposition of Tax.--* * *
    18     (h)  The rate of tax for purposes of the capital stock and

     1  franchise tax for taxable years beginning within the dates set
     2  forth shall be as follows:
     3       Taxable Year         Regular Rate  Surtax    Total Rate
     4    January 1, 1971, to
     5         December 31, 1986    10 mills    0           10 mills
     6    January 1, 1987, to
     7         December 31, 1987    9 mills     0           9 mills
     8    January 1, 1988, to
     9         December 31, 1990    9.5 mills   0           9.5 mills
    10    January 1, 1991, to
    11         December 31, 1991    11 mills    2 mills     13 mills
    12    January 1, 1992, to
    13         December 31, 1997    11 mills    1.75 mills  12.75 mills
    14    January 1, 1998, to
    15         December 31, 1998    11 mills     .99 mills  11.99 mills
    16    January 1, 1999, to
    17         December 31, 1999    10.99 mills 0           10.99 mills
    18    January 1, 2000, to
    19         December 31, 2000    8.99 mills  0           8.99 mills
    20    January 1, 2001, to
    21         December 31, 2001    7.49 mills  0           7.49 mills
    22    [January 1, 2002, to
    23         December 31, 2003    7.24 mills  0           7.24 mills
    24    January 1, 2004, to
    25         December 31, 2004    6.99 mills  0           6.99 mills
    26    January 1, 2005, to
    27         December 31, 2005    5.99 mills  0           5.99 mills
    28    January 1, 2006, to
    29         December 31, 2006    4.99 mills  0           4.99 mills
    30    January 1, 2007, to
    20040H2443B3454                  - 2 -     

     1         December 31, 2007    3.99 mills  0           3.99 mills
     2    January 1, 2008, to
     3         December 31, 2008    2.99 mills  0           2.99 mills
     4    January 1, 2009, to
     5         December 31, 2009    1.99 mills  0           1.99 mills
     6    January 1, 2010, to
     7         December 31, 2010     .99 mills  0            .99 mills]
     8    January 1, 2002, to
     9         December 31, 2002    7.24 mills  0           7.24 mills
    10    January 1, 2003, to
    11         December 31, 2003    6.99 mills  0           6.99 mills
    12    January 1, 2004, to
    13         December 31, 2004    4.99 mills  0           4.99 mills
    14    January 1, 2005, to
    15         December 31, 2005    3.99 mills  0           3.99 mills
    16    January 1, 2006, to
    17         December 31, 2006    2.99 mills  0           2.99 mills
    18    January 1, 2007, to
    19         December 31, 2007    1.99 mills  0           1.99 mills
    20    January 1, 2008, to
    21         December 31, 2008     .99 mills  0            .99 mills
    22     * * *
    23     Section 607.  Expiration.--This article shall expire for
    24  taxable years beginning after December 31, [2010] 2008.
    25     Section 2.  The amendment of sections 602(h) and 607 of the
    26  act shall be retroactive to December 23, 2003.
    27     Section 3.  This act shall take effect immediately.


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