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                                                       PRINTER'S NO. 512

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 492 Session of 1999


        INTRODUCED BY REINARD, BAKER, RUBLEY, MARSICO, FAIRCHILD,
           STEVENSON, SEMMEL, BARRAR, SURRA, WILLIAMS, STABACK, STERN,
           HERSHEY, E. Z. TAYLOR, HENNESSEY, GRUCELA, HARHAI, WILT,
           PISTELLA, M. COHEN, THOMAS, FARGO, WOGAN, MICOZZIE, ZUG,
           TRELLO, GODSHALL, L. I. COHEN, ADOLPH, RAYMOND AND SEYFERT,
           FEBRUARY 9, 1999

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 9, 1999

                                     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 the inheritance tax rate.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2116(a) of the act of March 4, 1971
    14  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    15  June 16, 1994 (P.L.279, No.48) and June 30, 1995 (P.L.139,
    16  No.21), is amended to read:
    17     Section 2116.  Inheritance Tax.--(a)  (1)  Inheritance tax
    18  upon the transfer of property passing to or for the use of any
    19  of the following shall be at the rate of six per cent:
    20     (i)  grandfather, grandmother, father, mother and lineal

     1  descendants; [or]
     2     (ii)  wife or widow and husband or widower of a child[.]; or
     3     (iii)  brother and sister.
     4     (1.1)  Inheritance tax upon the transfer of property passing
     5  to or for the use of a husband or wife shall be:
     6     (i)  At the rate of three per cent for estates of decedents
     7  dying on or after July 1, 1994, and before January 1, 1995.
     8     (ii)  At the rate of zero per cent for estates of decedents
     9  dying on or after January 1, 1995.
    10     (2)  Inheritance tax upon the transfer of property passing to
    11  or for the use of all persons other than those designated in
    12  subclause (1) or (1.1) or exempt under section 2111(m) shall be
    13  at the rate of fifteen per cent.
    14     (3)  When property passes to or for the use of a husband and
    15  wife with right of survivorship, one of whom is taxable at a
    16  rate lower than the other, the lower rate of tax shall be
    17  applied to the entire interest.
    18     * * *
    19     Section 2.  This act shall apply to deaths occurring on or
    20  after the effective date of this act.
    21     Section 3.  This act shall take effect in 30 days.






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