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                                                      PRINTER'S NO. 2873

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2169 Session of 1989


        INTRODUCED BY REBER, LASHINGER, ANGSTADT, BUSH, FARMER,
           J. TAYLOR, NAHILL, DEMPSEY, ARGALL, HERSHEY, GRUPPO, CESSAR,
           BUNT, WESTON, RAYMOND, GLADECK, MERRY, CLYMER, DIETTERICK,
           SERAFINI, JADLOWIEC, MARSICO, FAIRCHILD, BLACK, GEIST,
           NAILOR, JOHNSON, HESS, KONDRICH, WASS, SCHULER, FOX,
           E. Z. TAYLOR, HERMAN, J. L. WRIGHT, D. W. SNYDER,
           J. H. CLARK, DISTLER, GANNON, PHILLIPS, NOYE, McVERRY,
           PERZEL, CORNELL, FOSTER, TRELLO, TELEK, CIVERA, ALLEN,
           ROBBINS, DAVIES, WILSON, ADOLPH AND GODSHALL,
           DECEMBER 6, 1989

        REFERRED TO COMMITTEE ON FINANCE, DECEMBER 6, 1989

                                     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," providing for an exclusion from the Pennsylvania
    11     personal income tax of earnings expended to pay the State
    12     realty transfer tax.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 303(a)(1) of the act of March 4, 1971
    16  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    17  March 13, 1974 (P.L.179, No.32), is amended to read:
    18     Section 303.  Classes of Income.--(a)  The classes of income
    19  referred to above are as follows:

     1     (1)  Compensation. All salaries, wages, commissions, bonuses
     2  and incentive payments whether based on profits or otherwise,
     3  fees, tips and similar remuneration received for services
     4  rendered whether directly or through an agent and whether in
     5  cash or in property except income derived from the United States
     6  Government for active duty outside the Commonwealth of
     7  Pennsylvania as a member of its armed forces. Notwithstanding
     8  any other provision of this act, an amount equal to any State
     9  real estate transfer tax, as provided for in Article XI-C of
    10  this act, paid in the current tax year shall be excluded from
    11  income taxed as compensation.
    12     * * *
    13     Section 2.  The Department of Revenue shall promulgate rules
    14  and regulations to carry out the provisions of this act and
    15  shall undertake to inform the public of this provision.
    16     Section 3.  This act shall take effect January 1, 1990.










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