H0309B1432A00880 KMF:JSL 04/15/13 #90 A00880

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 309

Sponsor: REPRESENTATIVE GROVE

Printer's No. 1432

 

1Amend Bill, page 3, lines 2 through 4, by striking out " The 
2term shall include the shareholder of a Pennsylvania" in line 2
3and all of lines 3 and 4

4Amend Bill, page 4, line 12, by inserting after "shall"

5 verify with the Department of Revenue that the taxpayer has 
6filed all required State tax reports and returns for all 
7applicable tax years and paid any balance of State tax due as 
8determined at settlement, assessment or determination by the 
9Department of Revenue and

10Amend Bill, page 5, line 15, by inserting after "department"

11, in conjunction with the Department of Revenue,

12Amend Bill, page 5, by inserting between lines 27 and 28

13(8) Before an application is approved under paragraph
14(6), the Department of Revenue shall make a finding that the
15applicant has filed all required State tax reports and
16returns for all applicable tax years and paid any balance of
17State tax due as determined at settlement, assessment or
18determination by the Department of Revenue.

19Amend Bill, page 6, lines 20 through 30; page 7, lines 1
20through 15, by striking out all of said lines on said pages and
21inserting

22Section 1906-B. Pass-through entity.

23(a)  General rule.--If a pass-through entity has any unused
24tax credit under section 1905-B, it may elect in writing,
25according to procedures established by the Department of
26Revenue, to transfer all or a portion of the credit to
27shareholders, members or partners, in proportion to the share of
28the entity's distributive income to which the shareholder,
29member or partner is entitled.

30(b)  Limitation.--A pass-through entity and a shareholder,
31member or partner of a pass-through entity shall not claim the

1credit under subsection (a) for the same qualified expense.

2(c)  Application.--A shareholder, member or partner of a
3pass-through entity to whom a credit is transferred under
4subsection (a) shall immediately claim the credit in the taxable
5year in which the transfer is made. The shareholder, member or
6partner may not carry forward, carry back, obtain a refund of or
7sell or assign the credit.

8Amend Bill, page 8, lines 11 through 15, by striking out " 
9The termination date in section 41(h) of the" in line 11 and all 
10of lines 12 through 15 and inserting

11 A taxpayer shall not be entitled to a tax credit under this
12article if the taxpayer receives a tax credit for the same
13natural gas vehicle under any other program administered by the
14Commonwealth.

15Amend Bill, page 8, line 22, by inserting after 
16"certificate."

17 This paragraph shall not apply if the taxpayer sells the
18vehicle in exchange for a vehicle which would also qualify
19for the tax credit.

 

See A00880 in
the context
of HB0309