PRINTER'S NO. 2117
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1371
Session of
2015
INTRODUCED BY SCHWANK, EICHELBERGER, SABATINA, TEPLITZ AND
COSTA, SEPTEMBER 29, 2016
REFERRED TO FINANCE, SEPTEMBER 29, 2016
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in realty transfer tax, further providing for
excluded transactions; further providing for applicability;
and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102-C.3(18) of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, amended
July 13, 2016 (P.L.526, No.84), is amended to read:
Section 1102-C.3. Excluded Transactions.--The tax imposed by
section 1102-C shall not be imposed upon:
* * *
(18) Any of the following:
(i) A transfer to a conservancy.
(ii) A transfer from a conservancy to the United States, the
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Commonwealth or to any of their instrumentalities, agencies or
political subdivisions.
(iii) A transfer from a conservancy where the real estate is
encumbered by a perpetual agricultural conservation easement as
defined by the act of June 30, 1981 (P.L.128, No.43), known as
the "Agricultural Area Security Law," and such conservancy has
owned the real estate for at least two years immediately prior
to the transfer.
(iv) A transfer occurring after November 30, 2014, of an
agricultural conservation easement to or from the Commonwealth,
a county, a local government unit or a conservancy under
authority of the "Agricultural Area Security Law."
(v) A transfer of a conservation easement or preservation
easement under the act of June 22, 2001 (P.L.390, No.29), known
as the "Conservation and Preservation Easements Act."
(vi) A transfer of a perpetual historic preservation
easement, a perpetual public trail easement or other perpetual
public recreational use easement, a perpetual scenic
preservation easement or a perpetual open-space preservation
easement to or from the United States, the Commonwealth, a
county, a local government unit or a conservancy.
* * *
Section 2. Section 51(11)(iii) of the act of July 13, 2016
(No.526, No.84), is repealed insofar as it is inconsistent with
the amendment of section 1102-C.3(18)(iv) of the act and section
3 of this act.
Section 3. The following provisions shall apply
retroactively to November 30, 2014:
(1) The amendment of section 1102-C.3(18)(iv) of the
act.
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(2) Section 2 of this act.
Section 4. This act shall take effect immediately.
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