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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, ARGALL, RAFFERTY, WAUGH, ALLOWAY AND FERLO, JUNE 3, 2011 |
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| REFERRED TO FINANCE, JUNE 3, 2011 |
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| AN ACT |
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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," in sales and use tax, further providing for |
11 | definitions and for exclusions from tax. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 201(k)(4), (m) and (o)(4) and (8) of the |
15 | act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code |
16 | of 1971, amended May 7, 1997 (P.L.85, No.7), April 23, 1998 |
17 | (P.L.239, No.45) and May 24, 2000 (P.L.106, No.23), are amended |
18 | and subsection (k) is amended by adding a clause to read: |
19 | Section 201. Definitions.--The following words, terms and |
20 | phrases when used in this Article II shall have the meaning |
21 | ascribed to them in this section, except where the context |
22 | clearly indicates a different meaning: |
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1 | * * * |
2 | (k) "Sale at retail." |
3 | * * * |
4 | (4) The rendition for a consideration of the service of |
5 | repairing, altering, mending, pressing, fitting, dyeing, |
6 | laundering, drycleaning or cleaning tangible personal property |
7 | [other than] including, but not limited to, wearing apparel or |
8 | shoes, or applying or installing tangible personal property as a |
9 | repair or replacement part of other tangible personal property |
10 | [except] including, but not limited to, wearing apparel or shoes |
11 | for a consideration, whether or not the services are performed |
12 | directly or by any means other than by coin-operated self- |
13 | service laundry equipment for wearing apparel or household goods |
14 | and whether or not any tangible personal property is transferred |
15 | in conjunction therewith.[, except such services as are rendered |
16 | in the construction, reconstruction, remodeling, repair or |
17 | maintenance of real estate: Provided, however, That this |
18 | subclause shall not be deemed to impose tax upon such services |
19 | in the preparation for sale of new items which are excluded from |
20 | the tax under clause (26) of section 204, or upon diaper |
21 | service.] |
22 | * * * |
23 | (20) (i) The rendition for a consideration of any service, |
24 | other than a medical service, when the primary objective of the |
25 | purchaser is the receipt of any benefit of the service |
26 | performed, as distinguished from the receipt of property. In |
27 | determining what is a service, the intended use or stated |
28 | objective of the contracting parties shall not necessarily be |
29 | controlling. "Medical service" means any service obtained at or |
30 | through a health care facility as defined in section 103 of the |
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1 | act of July 19, 1979 (P.L.130, No.48), known as the "Health Care |
2 | Facilities Act." |
3 | (ii) Any service performed in this Commonwealth shall be |
4 | subject to the tax imposed under this article unless |
5 | specifically exempted in this article. With respect to services, |
6 | other than telecommunication services, such services shall be |
7 | considered to be performed in this Commonwealth if: |
8 | (A) performed completely in this Commonwealth; |
9 | (B) performed partially in this Commonwealth and partially |
10 | outside of this Commonwealth when the recipient or user of the |
11 | service is located in this Commonwealth and no sales or use tax |
12 | equal in rate to that imposed under this article has been paid |
13 | to another state for the service performed partially in that |
14 | state; or |
15 | (C) the place of performance cannot be determined if the |
16 | recipient or user of the service is located in this |
17 | Commonwealth. |
18 | (iii) With respect to services, other than telecommunication |
19 | services, such services performed partially in this Commonwealth |
20 | and partially outside of this Commonwealth shall be presumed to |
21 | have been performed completely in this Commonwealth unless the |
22 | taxpayer can show the place of performance by clear and |
23 | convincing evidence. With respect to interstate |
24 | telecommunication services, only those charges for interstate |
25 | telecommunications which originate or are received in this |
26 | Commonwealth and which are billed and charged to a service |
27 | address in this Commonwealth shall be subject to tax. |
28 | * * * |
29 | (m) "Tangible personal property." Corporeal personal |
30 | property including, but not limited to, goods, wares, |
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1 | merchandise, steam and natural and manufactured and bottled gas |
2 | [for non-residential use], electricity [for non-residential |
3 | use], prepaid telecommunications, premium cable or premium video |
4 | programming service, spirituous or vinous liquor and malt or |
5 | brewed beverages and soft drinks, interstate telecommunications |
6 | service originating or terminating in the Commonwealth and |
7 | charged to a service address in this Commonwealth, [intrastate |
8 | telecommunications service with the exception of (i) subscriber |
9 | line charges and basic local telephone service for residential |
10 | use and (ii) charges for telephone calls paid for by inserting |
11 | money into a telephone accepting direct deposits of money to |
12 | operate,] provided further, the service address of any |
13 | intrastate telecommunications service is deemed to be within |
14 | this Commonwealth or within a political subdivision, regardless |
15 | of how or where billed or paid. In the case of any such |
16 | interstate or intrastate telecommunications service, any charge |
17 | paid through a credit or payment mechanism which does not relate |
18 | to a service address, such as a bank, travel, credit or debit |
19 | card, but not including prepaid telecommunications, is deemed |
20 | attributable to the address of origination of the |
21 | telecommunications service. |
22 | * * * |
23 | (o) "Use." |
24 | * * * |
25 | (4) The obtaining by a purchaser of the service of |
26 | repairing, altering, mending, pressing, fitting, dyeing, |
27 | laundering, drycleaning or cleaning tangible personal property |
28 | [other than] including, but not limited to, wearing apparel or |
29 | shoes or applying or installing tangible personal property as a |
30 | repair or replacement part of other tangible personal property |
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1 | [other than] including, but not limited to, wearing apparel or |
2 | shoes, whether or not the services are performed directly or by |
3 | any means other than by means of coin-operated self-service |
4 | laundry equipment for wearing apparel or household goods, and |
5 | whether or not any tangible personal property is transferred to |
6 | the purchaser in conjunction therewith[, except such services as |
7 | are obtained in the construction, reconstruction, remodeling, |
8 | repair or maintenance of real estate: Provided, however, That |
9 | this subclause shall not be deemed to impose tax upon such |
10 | services in the preparation for sale of new items which are |
11 | excluded from the tax under clause (26) of section 204, or upon |
12 | diaper service: And provided further, That the]. The term "use" |
13 | shall not include-- |
14 | (A) Any tangible personal property acquired and kept, |
15 | retained or over which power is exercised within this |
16 | Commonwealth on which the taxing of the storage, use or other |
17 | consumption thereof is expressly prohibited by the Constitution |
18 | of the United States or which is excluded from tax under other |
19 | provisions of this article. |
20 | (B) The use or consumption of tangible personal property, |
21 | including but not limited to machinery and equipment and parts |
22 | therefor, and supplies or the obtaining of the services |
23 | described in subclauses (2), (3) and (4) of this clause directly |
24 | in the operations of-- |
25 | (i) The manufacture of tangible personal property. |
26 | (ii) Farming, dairying, agriculture, horticulture or |
27 | floriculture when engaged in as a business enterprise. The term |
28 | "farming" shall include the propagation and raising of ranch- |
29 | raised furbearing animals and the propagation of game birds for |
30 | commercial purposes by holders of propagation permits issued |
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1 | under 34 Pa.C.S. (relating to game) and the propagation and |
2 | raising of horses to be used exclusively for commercial racing |
3 | activities. |
4 | (iii) The producing, delivering or rendering of a public |
5 | utility service, or in constructing, reconstructing, remodeling, |
6 | repairing or maintaining the facilities which are directly used |
7 | in producing, delivering or rendering such service. |
8 | (iv) Processing as defined in subclause (d) of this section. |
9 | The exclusions provided in subparagraphs (i), (ii), (iii) and |
10 | (iv) shall not apply to any vehicle required to be registered |
11 | under The Vehicle Code except those vehicles directly used by a |
12 | public utility engaged in the business as a common carrier; to |
13 | maintenance facilities; or to materials, supplies or equipment |
14 | to be used or consumed in the construction, reconstruction, |
15 | remodeling, repair or maintenance of real estate other than |
16 | directly used machinery, equipment, parts or foundations |
17 | therefor that may be affixed to such real estate. The exclusions |
18 | provided in subparagraphs (i), (ii), (iii) and (iv) shall not |
19 | apply to tangible personal property or services to be used or |
20 | consumed in managerial sales or other nonoperational activities, |
21 | nor to the purchase or use of tangible personal property or |
22 | services by any person other than the person directly using the |
23 | same in the operations described in subparagraphs (i), (ii), |
24 | (iii) and (iv). |
25 | The exclusion provided in subparagraph (iii) shall not apply |
26 | to (A) construction materials, supplies or equipment used to |
27 | construct, reconstruct, remodel, repair or maintain facilities |
28 | not used directly by the purchaser in the production, delivering |
29 | or rendition of public utility service or (B) tools and |
30 | equipment used but not installed in the maintenance of |
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1 | facilities used directly in the production, delivering or |
2 | rendition of a public utility service. |
3 | The exclusion provided in subparagraphs (i), (ii), (iii) and |
4 | (iv) shall not apply to the services enumerated in clauses (o) |
5 | (9) through (16) and (w) through (kk), except that the exclusion |
6 | provided in subparagraph (ii) for farming, dairying and |
7 | agriculture shall apply to the service enumerated in clause (z). |
8 | * * * |
9 | [(8) The term "use" shall not include the providing of a |
10 | motor vehicle to a nonprofit private or public school to be used |
11 | by such a school for the sole purpose of driver education.] |
12 | * * * |
13 | Section 2. Section 204 of the act, amended, added or |
14 | repealed August 31, 1971 (P.L.362, No.93), July 20, 1974 (P.L. |
15 | 535, No.183), October 17, 1974 (P.L.756, No.255), December 14, |
16 | 1977 (P.L.322, No.93), October 27, 1979 (P.L.242, No.79), |
17 | December 8, 1980 (P.L.1117, No.195), December 16, 1980 (P.L. |
18 | 1240, No.223), October 22, 1981 (P.L.314, No.109), June 23, 1982 |
19 | (P.L.610, No.172), December 9, 1982 (P.L.1047, No.246), July 21, |
20 | 1983 (P.L.63, No.29), December 19, 1985 (P.L.354, No.100), July |
21 | 13, 1987 (P.L.317, No.58), August 4, 1991 (P.L.97, No.22), |
22 | December 13, 1991 (P.L.373, No.40), June 16, 1994 (P.L.279, No. |
23 | 48), June 30, 1995 (P.L.139, No.21), May 7, 1997 (P.L.85, No.7), |
24 | April 23, 1998 (P.L.239, No.45), May 12, 1999 (P.L.26, No.4), |
25 | May 24, 2000 (P.L.106, No.23), December 20, 2000 (P.L.841, No. |
26 | 119), June 22, 2001 (P.L.353, No.23), June 29, 2002 (P.L.559, |
27 | No.89), December 23, 2003 (P.L.250, No.46), July 6, 2006 (P.L. |
28 | 319, No.67), November 29, 2006 (P.L.1630, No.189), July 25, 2007 |
29 | (P.L.373, No.55) and October 9, 2009 (P.L.451, No.48), is |
30 | amended to read: |
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1 | Section 204. Exclusions from Tax.--The tax imposed by |
2 | section 202 shall not be imposed upon any of the following: |
3 | (1) The sale at retail or use of tangible personal property |
4 | (other than motor vehicles, trailers, semi-trailers, motor |
5 | boats, aircraft or other similar tangible personal property |
6 | required under either Federal law or laws of this Commonwealth |
7 | to be registered or licensed) or services sold by or purchased |
8 | from a person not a vendor in an isolated transaction or sold by |
9 | or purchased from a person who is a vendor but is not a vendor |
10 | with respect to the tangible personal property or services sold |
11 | or purchased in such transaction: Provided, That inventory and |
12 | stock in trade so sold or purchased, shall not be excluded from |
13 | the tax by the provisions of this subsection. |
14 | (2) The use of tangible personal property purchased by a |
15 | nonresident person outside of, and brought into this |
16 | Commonwealth for use therein for a period not to exceed seven |
17 | days, or for any period of time when such nonresident is a |
18 | tourist or vacationer and, in either case not consumed within |
19 | the Commonwealth. |
20 | (3) The use of tangible personal property purchased outside |
21 | this Commonwealth for use outside this Commonwealth by a then |
22 | nonresident natural person or a business entity not actually |
23 | doing business within this Commonwealth, who later brings such |
24 | tangible personal property into this Commonwealth in connection |
25 | with his establishment of a permanent business or residence in |
26 | this Commonwealth: Provided, That such property was purchased |
27 | more than six months prior to the date it was first brought into |
28 | this Commonwealth or prior to the establishment of such business |
29 | or residence, whichever first occurs. This exclusion shall not |
30 | apply to tangible personal property temporarily brought into |
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1 | Pennsylvania for the performance of contracts for the |
2 | construction, reconstruction, remodeling, repairing and |
3 | maintenance of real estate. |
4 | [(4) The sale at retail or use of disposable diapers; pre- |
5 | moistened wipes; incontinence products; colostomy deodorants; |
6 | toilet paper; sanitary napkins, tampons or similar items used |
7 | for feminine hygiene; or toothpaste, toothbrushes or dental |
8 | floss. |
9 | (5) The sale at retail or use of steam, natural and |
10 | manufactured and bottled gas, fuel oil, electricity or |
11 | intrastate subscriber line charges, basic local telephone |
12 | service or telegraph service when purchased directly by the user |
13 | thereof solely for his own residential use and charges for |
14 | telephone calls paid for by inserting money into a telephone |
15 | accepting direct deposits of money to operate.] |
16 | (10) The sale at retail to, or use by (i) any charitable |
17 | organization, volunteer firemen's organization or nonprofit |
18 | educational institution, or (ii) a religious organization for |
19 | religious purposes of tangible personal property or services |
20 | other than pursuant to a construction contract: Provided, |
21 | however, That the exclusion of this clause shall not apply with |
22 | respect to any tangible personal property or services used in |
23 | any unrelated trade or business carried on by such organization |
24 | or institution or with respect to any materials, supplies and |
25 | equipment used and transferred to such organization or |
26 | institution in the construction, reconstruction, remodeling, |
27 | renovation, repairs and maintenance of any real estate |
28 | structure, other than building machinery and equipment, except |
29 | materials and supplies when purchased by such organizations or |
30 | institutions for routine maintenance and repairs. |
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1 | (11) The sale at retail, or use of gasoline and other motor |
2 | fuels, the sales of which are otherwise subject to excise taxes |
3 | under [the act of May 21, 1931 (P.L.194), known as the "Liquid |
4 | Fuels Tax Act," and the act of January 14, 1952 (P.L.1965), |
5 | known as the "Fuel Use Tax Act."] 75 Pa.C.S. Ch. 90 (relating to |
6 | liquid fuels and fuels tax). |
7 | (12) The sale at retail to, or use by the United States, |
8 | this Commonwealth or its instrumentalities or political |
9 | subdivisions of tangible personal property or services. |
10 | [(13) The sale at retail, or use of wrapping paper, wrapping |
11 | twine, bags, cartons, tape, rope, labels, nonreturnable |
12 | containers and all other wrapping supplies, when such use is |
13 | incidental to the delivery of any personal property, except that |
14 | any charge for wrapping or packaging shall be subject to tax at |
15 | the rate imposed by section 202. |
16 | (14) Sale at retail or use of vessels designed for |
17 | commercial use of registered tonnage of fifty tons or more when |
18 | produced by the builders thereof upon special order of the |
19 | purchaser. |
20 | (15) Sale at retail of tangible personal property or |
21 | services used or consumed in building, rebuilding, repairing and |
22 | making additions to or replacements in and upon vessels designed |
23 | for commercial use of registered tonnage of fifty tons or more |
24 | upon special order of the purchaser, or when rebuilt, repaired |
25 | or enlarged, or when replacements are made upon order of or for |
26 | the account of the owner. |
27 | (16) The sale at retail or use of tangible personal property |
28 | or services to be used or consumed for ship cleaning or |
29 | maintenance or as fuel, supplies, ships' equipment, ships' |
30 | stores or sea stores on vessels designed for commercial use of |
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1 | registered tonnage of fifty tons or more to be operated |
2 | principally outside the limits of the Commonwealth.] |
3 | (17) The sale at retail or use of prescription [or non- |
4 | prescription] medicines[,] or drugs or prescription or |
5 | nonprescription medical supplies, crutches and wheelchairs for |
6 | the use of cripples and invalids, artificial limbs, artificial |
7 | eyes and artificial hearing devices when designed to be worn on |
8 | the person of the purchaser or user, false teeth and materials |
9 | used by a dentist in dental treatment, eyeglasses when |
10 | especially designed or prescribed by an ophthalmologist, oculist |
11 | or optometrist for the personal use of the owner or purchaser |
12 | and artificial braces and supports designed solely for the use |
13 | of crippled persons or any other therapeutic, prosthetic or |
14 | artificial device designed for the use of a particular |
15 | individual to correct or alleviate a physical incapacity, |
16 | including but not limited to hospital beds, iron lungs, and |
17 | kidney machines. |
18 | [(18) The sale at retail or use of coal.] |
19 | (24) The sale at retail or use of motor vehicles, trailers |
20 | and semi-trailers, or bodies attached to the chassis thereof, |
21 | sold to a nonresident of Pennsylvania to be used outside of |
22 | Pennsylvania and which are registered in a state other than |
23 | Pennsylvania within twenty days after delivery to the vendee. |
24 | [(25) The sale at retail or use of water. |
25 | (26) The sale at retail or use of all vesture, wearing |
26 | apparel, raiments, garments, footwear and other articles of |
27 | clothing, including clothing patterns and items that are to be a |
28 | component part of clothing, worn or carried on or about the |
29 | human body but all accessories, ornamental wear, formal day or |
30 | evening apparel, and articles made of fur on the hide or pelt or |
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1 | any material imitative of fur and articles of which such fur, |
2 | real, imitation or synthetic, is the component material of chief |
3 | value, but only if such value is more than three times the value |
4 | of the next most valuable component material, and sporting goods |
5 | and clothing not normally used or worn when not engaged in |
6 | sports shall not be excluded from the tax. |
7 | (28) The sale at retail or use of religious publications |
8 | sold by religious groups and Bibles and religious articles.] |
9 | (29) The sale at retail or use of food and beverages for |
10 | human consumption, except that this exclusion shall not apply |
11 | with respect to-- |
12 | (i) Soft drinks; |
13 | (ii) Malt and brewed beverages and spirituous and vinous |
14 | liquors; |
15 | (iii) Food or beverages, whether sold for consumption on or |
16 | off the premises or on a "take-out" or "to go" basis or |
17 | delivered to the purchaser or consumer, when purchased (A) from |
18 | persons engaged in the business of catering; or (B) from persons |
19 | engaged in the business of operating establishments from which |
20 | ready-to-eat food and beverages are sold, including, but not |
21 | limited to, restaurants, cafes, lunch counters, private and |
22 | social clubs, taverns, dining cars, hotels, night clubs, fast |
23 | food operations, pizzerias, fairs, carnivals, lunch carts, ice |
24 | cream stands, snack bars, cafeterias, employe cafeterias, |
25 | theaters, stadiums, arenas, amusement parks, carryout shops, |
26 | coffee shops and other establishments whether mobile or |
27 | immobile. For purposes of this clause, a bakery, a pastry shop, |
28 | a donut shop, a delicatessen, a grocery store, a supermarket, a |
29 | farmer's market, a convenience store or a vending machine shall |
30 | not be considered an establishment from which food or beverages |
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1 | ready to eat are sold except for the sale of meals, sandwiches, |
2 | food from salad bars, hand-dipped or hand-served iced based |
3 | products including ice cream and yogurt, hot soup, hot pizza and |
4 | other hot food items, brewed coffee and hot beverages. For |
5 | purposes of this subclause, beverages shall not include malt and |
6 | brewed beverages and spirituous and vinous liquors but shall |
7 | include soft drinks. The sale at retail of food and beverages at |
8 | or from a school or church in the ordinary course of the |
9 | activities of such organization is not subject to tax. |
10 | [(30) The sale at retail or use of newspapers. For purposes |
11 | of this section, the term "newspaper" shall mean a "legal |
12 | newspaper" or a publication containing matters of general |
13 | interest and reports of current events which qualifies as a |
14 | "newspaper of general circulation" qualified to carry a "legal |
15 | advertisement" as those terms are defined in 45 Pa.C.S. § 101 |
16 | (relating to definitions), not including magazines. This |
17 | exclusion shall also include any printed advertising materials |
18 | circulated with such newspaper regardless of where or by whom |
19 | such printed advertising material was produced. |
20 | (31) The sale at retail or use of caskets and burial vaults |
21 | for human remains and markers and tombstones for human graves.] |
22 | (32) The sale at retail or use of flags of the United States |
23 | of America and the Commonwealth of Pennsylvania. |
24 | [(33) The sale at retail or use of textbooks for use in |
25 | schools, colleges and universities, either public or private |
26 | when purchased in behalf of or through such schools, colleges or |
27 | universities provided such institutions of learning are |
28 | recognized by the Department of Education. |
29 | (34) The sale at retail, or use of motion picture film |
30 | rented or licensed from a distributor for the purpose of |
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1 | commercial exhibition. |
2 | (35) The sale at retail or use of mail order catalogs and |
3 | direct mail advertising literature or materials, including |
4 | electoral literature or materials, such as envelopes, address |
5 | labels and a one-time license to use a list of names and mailing |
6 | addresses for each delivery of direct mail advertising |
7 | literature or materials, including electoral literature or |
8 | materials, through the United States Postal Service. |
9 | (36) The sale at retail or use of rail transportation |
10 | equipment used in the movement of personalty. |
11 | (37) The sale at retail of buses to be used under contract |
12 | with school districts that are replacements for buses destroyed |
13 | or lost in the flood of 1977 for a period ending December 31, |
14 | 1977 in the counties of Armstrong, Bedford, Cambria, Indiana, |
15 | Jefferson, Somerset and Westmoreland, or the use of such buses. |
16 | (38) The sale at retail of horses, if at the time of |
17 | purchase, the seller is directed to ship or deliver the horse to |
18 | an out-of-State location, whether or not the charges for |
19 | shipment are paid for by the seller or the purchaser; the seller |
20 | shall obtain a bill of lading, either from the carrier or from |
21 | the purchaser, who, in turn has obtained the bill of lading from |
22 | the carrier, reflecting delivery to the out-of-State address to |
23 | which the horse has been shipped. The seller shall execute a |
24 | "Certificate of Delivery to Destination Outside of the |
25 | Commonwealth" for each bill of lading reflecting out-of-State |
26 | delivery. The seller shall be required to retain the certificate |
27 | of delivery form to justify the noncollection of sales tax with |
28 | respect to the transaction to which the form relates. |
29 | In transactions where a horse is sold by the seller and |
30 | delivered to a domiciled person, agent or corporation prior to |
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1 | its being delivered to an out-of-State location, the |
2 | "Certificate of Delivery to Destination Outside of the |
3 | Commonwealth" form must have attached to it bills of lading both |
4 | for the transfer to the domiciled person, agent or corporation |
5 | and from the aforementioned to the out-of-State location. |
6 | (39) The sale at retail or use of fish feed purchased by or |
7 | on behalf of sportsmen's clubs, fish cooperatives or nurseries |
8 | approved by the Pennsylvania Fish Commission. |
9 | (40) The sale at retail of supplies and materials to tourist |
10 | promotion agencies, which receive grants from the Commonwealth, |
11 | for distribution to the public as promotional material or the |
12 | use of such supplies and materials by said agencies for said |
13 | purposes. |
14 | (41) The sale at retail of supplies and materials to tourist |
15 | promotion agencies, which receive grants from the Commonwealth, |
16 | for distribution to the public as promotional material or the |
17 | use of such supplies and materials by said agencies for said |
18 | purposes. |
19 | (42) The sale or use of brook trout (salvelinus fontinalis), |
20 | brown trout (Salmo trutta) or rainbow trout (Salmo gairdneri). |
21 | (43) The sale at retail or use of buses to be used |
22 | exclusively for the transportation of children for school |
23 | purposes. |
24 | (44) The sale at retail or use of firewood. For the purpose |
25 | of this clause, firewood shall mean the product of trees when |
26 | severed from the land and cut into proper lengths for burning |
27 | and pellets made from pure wood sawdust if used for fuel for |
28 | cooking, hot water production or to heat residential dwellings. |
29 | (45) The sale at retail or use of materials used in the |
30 | construction and erection of objects purchased by not-for-profit |
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1 | organizations for purposes of commemoration and memorialization |
2 | of historical events, provided that the object is erected upon |
3 | publicly owned property or property to be conveyed to a public |
4 | entity upon the commemoration or memorialization of the |
5 | historical event.] |
6 | (46) The sale at retail or use of tangible personal property |
7 | purchased in accordance with the Food Stamp Act of 1977, as |
8 | amended (Public Law 95-113, 7 U.S.C. §§ 2011-2029). |
9 | [(47) The net purchase price of the sale at retail or use of |
10 | electric vehicles, hybrid electric vehicles and zero emission |
11 | vehicles as defined in 75 Pa.C.S. § 102 (relating to |
12 | definitions). "Net purchase price" shall mean the difference |
13 | between the purchase price of an electric vehicle, hybrid |
14 | electric vehicle or zero emission vehicle and the average retail |
15 | list price of a comparable vehicle. "Comparable vehicle" shall |
16 | mean, in the case of a passenger car, the overall average list |
17 | price of a passenger car in the United States; in the case of a |
18 | passenger truck, the overall average list price of a passenger |
19 | truck in the United States; and, in the case of a van, the |
20 | overall average retail list price of a van in the United States. |
21 | The Department of Revenue shall promulgate rules and regulations |
22 | to enforce this exemption and determine the average retail list |
23 | price as defined under "comparable vehicle" on an annual basis. |
24 | In the event that a qualified motor vehicle is something other |
25 | than a passenger car, passenger truck or van, the Department of |
26 | Revenue shall determine the average list price of a comparable |
27 | vehicle classification. This clause shall expire December 31, |
28 | 1999. |
29 | (48) The sale at retail or use of power units for vehicles |
30 | that are exempt under clause (47). This clause shall expire |
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1 | December 31, 1999.] |
2 | (49) The sale at retail or use of [food and beverages] |
3 | tangible personal property or services by a nonprofit |
4 | [associations] association which support [sports programs] the |
5 | charitable purposes of the nonprofit association. For purposes |
6 | of this clause, the phrases: |
7 | (i) "nonprofit association" means an entity which is |
8 | organized as a nonprofit corporation or nonprofit unincorporated |
9 | association under the laws of this Commonwealth or the United |
10 | States or any entity which is authorized to do business in this |
11 | Commonwealth as a nonprofit corporation or unincorporated |
12 | association under the laws of this Commonwealth, including, but |
13 | not limited to, youth or athletic associations, volunteer fire, |
14 | ambulance, religious, charitable, fraternal, veterans, civic, or |
15 | any separately chartered auxiliary of the foregoing, if |
16 | organized and operated on a nonprofit basis; and |
17 | [(iv) "sports program" means baseball (including softball), |
18 | football, basketball, soccer and any other competitive sport |
19 | formally recognized as a sport by the United States Olympic |
20 | Committee as specified by and under the jurisdiction of the |
21 | Amateur Sports Act of 1978 (Public Law 95-606, 36 U.S.C. § 371 |
22 | et seq.), the Amateur Athletic Union or the National Collegiate |
23 | Athletic Association. The term shall be limited to a program or |
24 | that portion of a program that is organized for recreational |
25 | purposes and whose activities are substantially for such |
26 | purposes and which is primarily for participants who are 18 |
27 | years of age or younger or whose 19th birthday occurs during the |
28 | year of participation or the competitive season, whichever is |
29 | longer. There shall, however, be no age limitation for programs |
30 | operated for persons with physical handicaps or persons with |
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1 | mental retardation; |
2 | (v) "support" means the funds raised from sales are used to |
3 | pay the expenses of a sports program or the nonprofit |
4 | association sells the food and beverages at a location where a |
5 | sports program is being conducted under this act. |
6 | (50) The sale at retail or use of subscriptions for |
7 | magazines. The term "magazine" refers to a periodical published |
8 | at regular intervals not exceeding three months and which are |
9 | circulated among the general public, containing matters of |
10 | general interest and reports of current events published for the |
11 | purpose of disseminating information of a public character or |
12 | devoted to literature, the sciences, art or some special |
13 | industry. This exclusion shall also include any printed |
14 | advertising material circulated with the periodical or |
15 | publication regardless of where or by whom the printed |
16 | advertising material was produced. |
17 | (51) The sale at retail or use of interior office building |
18 | cleaning services but only as relates to the costs of the |
19 | supplied employe, which costs are wages, salaries, bonuses and |
20 | commissions, employment benefits, expense reimbursements, and |
21 | payroll and withholding taxes, to the extent that these costs |
22 | are specifically itemized or that these costs in aggregate are |
23 | stated in billings from the vender or supplying entity. |
24 | (53) The sale at retail or use of candy or gum regardless of |
25 | the location from which the candy or gum is sold. |
26 | (55) The sale at retail or use of horses to be used |
27 | exclusively for commercial racing activities and the sale at |
28 | retail and use of feed, bedding, grooming supplies, riding tack, |
29 | farrier services, portable stalls and sulkies for horses used |
30 | exclusively for commercial racing activities.] |
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1 | (56) The sale at retail or use of tangible personal property |
2 | or services used, transferred or consumed in installing or |
3 | repairing equipment or devices designed to assist persons in |
4 | ascending or descending a stairway when: |
5 | (i) The equipment or devices are used by a person who, by |
6 | virtue of a physical disability, is unable to ascend or descend |
7 | stairs without the aid of such equipment or device. |
8 | (ii) The equipment or device is installed or used in such |
9 | person's place of residence. |
10 | (iii) A physician has certified the physical disability of |
11 | the person in whose residence the equipment or device is |
12 | installed or used. |
13 | (57) The sale at retail to or use by a construction |
14 | contractor of building machinery and equipment and services |
15 | thereto that are: |
16 | (i) transferred pursuant to a construction contract for any |
17 | charitable organization, volunteer firemen's organization, |
18 | nonprofit educational institution or religious organization for |
19 | religious purposes, provided that the building machinery and |
20 | equipment and services thereto are not used in any unrelated |
21 | trade or business; or |
22 | (ii) transferred to the United States or the Commonwealth or |
23 | its instrumentalities or political subdivisions[; or]. |
24 | [(58) The sale at retail or use of a personal computer, a |
25 | peripheral device or an Internet access device, or a service |
26 | contract or single-user licensed software purchased in |
27 | conjunction with a personal computer, peripheral device or |
28 | Internet access device, during the exclusion period by an |
29 | individual purchaser for nonbusiness use. The exclusion does not |
30 | include a sale at retail or use of, leasing, rental or repair of |
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1 | a personal computer, peripheral device or Internet access |
2 | device; mainframe computers; network servers; local area network |
3 | hubs; routers and network cabling; network operating systems; |
4 | multiple-user licensed software; minicomputers; hand-held |
5 | computers; personal digital assistants without Internet access; |
6 | hardware word processors; graphical calculators; video game |
7 | consoles; telephones; digital cameras; pagers; compact discs |
8 | encoded with music or movies; and digital versatile discs |
9 | encoded with music or movies. For purposes of this clause, the |
10 | phrase "exclusion period" means the period of time from August |
11 | 5, 2001, to and including August 12, 2001, and from February 17, |
12 | 2002, to and including February 24, 2002. For purposes of this |
13 | clause, "purchaser" means an individual who places an order and |
14 | pays the purchase price by cash or credit during the exclusion |
15 | period even if delivery takes place after the exclusion period.] |
16 | (59) The sale at retail or use of molds and related mold |
17 | equipment used directly and predominantly in the manufacture of |
18 | products, regardless of whether the person that holds title to |
19 | the equipment manufactures a product. |
20 | (60) The sale or use of used prebuilt housing. |
21 | [(61) The sale at retail to or use of food and nonalcoholic |
22 | beverages by an airline which will transfer the food or |
23 | nonalcoholic beverages to passengers in connection with the |
24 | rendering of the airline service.] |
25 | (62) The sale at retail or use of tangible personal property |
26 | or services which are directly used in farming, dairying or |
27 | agriculture when engaged in as a business enterprise whether or |
28 | not the sale is made to the person directly engaged in the |
29 | business enterprise or to a person contracting with the person |
30 | directly engaged in the business enterprise for the production |
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1 | of food. |
2 | [(63) The sale at retail or use of separately stated fees |
3 | paid pursuant to 13 Pa.C.S. § 9525 (relating to fees).] |
4 | (64) The sale at retail to or use by a construction |
5 | contractor, employed by a public school district pursuant to a |
6 | construction contract, of any materials and building supplies |
7 | which, during construction or reconstruction, are made part of |
8 | any public school building utilized for instructional classroom |
9 | education within this Commonwealth, if the construction or |
10 | reconstruction: |
11 | (i) is necessitated by a disaster emergency, as defined in |
12 | 35 Pa.C.S. § 7102 (relating to definitions); and |
13 | (ii) takes place during the period when there is a |
14 | declaration of disaster emergency under 35 Pa.C.S. § 7301(c) |
15 | (relating to general authority of Governor). |
16 | (65) The sale at retail or use of investment metal bullion |
17 | and investment coins. "Investment metal bullion" means any |
18 | elementary precious metal which has been put through a process |
19 | of smelting or refining, including, but not limited to, gold, |
20 | silver, platinum and palladium, and which is in such state or |
21 | condition that its value depends upon its content and not its |
22 | form. "Investment metal bullion" does not include precious metal |
23 | which has been assembled, fabricated, manufactured or processed |
24 | in one or more specific and customary industrial, professional, |
25 | aesthetic or artistic uses. "Investment coins" means numismatic |
26 | coins or other forms of money and legal tender manufactured of |
27 | gold, silver, platinum, palladium or other metal and of the |
28 | United States or any foreign nation with a fair market value |
29 | greater than any nominal value of such coins. "Investment coins" |
30 | does not include jewelry or works of art made of coins, nor does |
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1 | it include commemorative medallions. |
2 | (66) The sale at retail or use of copies of an official |
3 | document sold by a government agency or a court. For the |
4 | purposes of this clause, the following terms or phrases shall |
5 | have the following meanings: |
6 | (i) "court" includes: |
7 | (A) an "appellate court" as defined in 42 Pa.C.S. § 102 |
8 | (relating to definitions); |
9 | (B) a "court of common pleas" as defined in 42 Pa.C.S. § |
10 | 102; |
11 | (C) the "minor judiciary" as defined in 42 Pa.C.S. § 102; |
12 | (ii) "government agency" means an "agency" as defined in |
13 | section 1 of the act of June 21, 1957 (P.L.390, No.212), |
14 | referred to as the "Right-to-Know Law"; |
15 | (iii) "official document" means a "record" as defined in |
16 | section 1 of the "Right-to-Know Law." The term shall include |
17 | notes of court testimony, deposition transcripts, driving |
18 | records, accident reports, birth and death certificates, deeds, |
19 | divorce decrees and other similar documents. |
20 | (67) The sale at retail or use of repair or replacement |
21 | parts, including the installation of those parts, exclusively |
22 | for use in helicopters and similar rotorcraft or in overhauling |
23 | or rebuilding of helicopters and similar rotorcraft or |
24 | helicopters and similar rotorcraft components. |
25 | (68) The sale at retail or use of helicopters and similar |
26 | rotorcraft. |
27 | (69) The sale at retail of medical goods or services by a |
28 | hospital. |
29 | (70) The sale at retail of medical, dental or hospice |
30 | services. |
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1 | (71) The sale at retail or use of goods or services |
2 | involving Medicare Part B transactions. |
3 | (72) The sale or rental of real property. |
4 | Section 3. This act shall apply to sales and uses occurring |
5 | or commencing 120 days after the effective date of this section. |
6 | Section 4. This act shall take effect immediately. |
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