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                                                       PRINTER'S NO. 147

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 170 Session of 2001


        INTRODUCED BY LEWIS, TRELLO, BOYES, ALLEN, ARGALL, M. BAKER,
           CALTAGIRONE, CLARK, L. I. COHEN, M. COHEN, CORRIGAN, DeWEESE,
           FEESE, FLICK, FRANKEL, GABIG, GORDNER, HENNESSEY, JADLOWIEC,
           LAUGHLIN, LEH, LUCYK, MANDERINO, MARSICO, McILHATTAN,
           McNAUGHTON, NAILOR, NICKOL, ORIE, PETRARCA, PHILLIPS,
           PISTELLA, READSHAW, SAMUELSON, SCHRODER, SCHULER, SCRIMENTI,
           SHANER, S. H. SMITH, SOLOBAY, T. STEVENSON, SURRA,
           E. Z. TAYLOR, TIGUE, TULLI, C. WILLIAMS, WOJNAROSKI AND
           WRIGHT, JANUARY 23, 2001

        REFERRED TO COMMITTEE ON FINANCE, JANUARY 23, 2001

                                     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 special tax provisions for
    11     poverty.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 304(d)(1) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May
    16  24, 2000 (P.L.106, No.23), is amended to read:
    17     Section 304.  Special Tax Provisions for Poverty.--* * *
    18     (d)  Any claim for special tax provisions hereunder shall be
    19  determined in accordance with the following:

     1     (1)  If the poverty income of the claimant during an entire
     2  taxable year is six thousand five hundred dollars ($6,500) or
     3  less, or, in the case of a married claimant, if the joint
     4  poverty income of the claimant and the claimant's spouse during
     5  an entire taxable year is thirteen thousand dollars ($13,000) or
     6  less, the claimant shall be entitled to a refund or forgiveness
     7  of any moneys which have been paid over to (or would except for
     8  the provisions of this act be payable to) the Commonwealth under
     9  the provisions of this article, with an additional income
    10  allowance of [seven thousand five hundred dollars ($7,500)]
    11  eight thousand five hundred dollars ($8,500) for each dependent
    12  of the claimant. For purposes of this subsection, a claimant
    13  shall not be considered to be married if:
    14     (i)  The claimant and the claimant's spouse file separate
    15  returns; and
    16     (ii)  The claimant and the claimant's spouse live apart at
    17  all times during the last six months of the taxable year or are
    18  separated pursuant to a written separation agreement.
    19     * * *
    20     Section 2.  This act shall apply to taxable years beginning
    21  after December 31, 2000.
    22     Section 3.  This act shall take effect immediately.






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