PRINTER'S NO. 341
No. 332 Session of 1981
INTRODUCED BY HONAMAN, CESSAR, RAPPAPORT, NOYE, ANDERSON,
J. L. WRIGHT, HASAY, COWELL, TELEK, TRELLO, BROWN, MILLER,
FREIND, SALVATORE, PUNT, SEVENTY, ARTY, DOMBROWSKI, WENGER,
GANNON, CALTAGIRONE, LETTERMAN, MERRY, COCHRAN, MICOZZIE,
MACKOWSKI, JACKSON, SPITZ, MAIALE, MRKONIC, WOGAN, DURHAM,
POTT, MULLEN, PETERSON, PERZEL, GEIST, E. Z. TAYLOR,
W. D. HUTCHINSON, GRIECO, BURD, McINTYRE, MADIGAN, RASCO,
PRATT, PETRARCA, DORR, ALDEN, GLADECK AND HEISER,
FEBRUARY 2, 1981
REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 2, 1981
AN ACT
1 Amending the act of June 15, 1961 (P.L.373, No.207), entitled
2 "An act providing for the imposition of certain taxes upon
3 the transfer of property passing from a decedent who was a
4 resident of the Commonwealth at the time of his death or
5 presumed death and of property having its situs in the
6 Commonwealth of a decedent who was a nonresident of the
7 Commonwealth at the time of his death or presumed death;
8 imposing additional taxes to equal Federal Estate Tax
9 Credits; defining and taxing certain transfers made in
10 contemplation of death, or to take effect in possession or
11 enjoyment at or after death; defining as a transfer and
12 taxing the right of survivorship in certain property as to
13 which such right exists; defining and exempting from tax,
14 transfers to certain persons or for certain purposes or of
15 certain property; providing for the valuation of property and
16 interests in property, the transfer of which is subject to
17 tax; defining and allowing deductions from the value of
18 property, the transfer of which is subject to tax; providing
19 for the persons ultimately liable for taxes in the absence of
20 a direction by the decedent to the contrary; providing for
21 the reporting of transfers and collection of taxes; imposing
22 penalties upon banks or other financial institutions for
23 failure to give notice to the Department of Revenue of the
24 death of a party to a joint or trust deposit therein and upon
25 persons who fail to file tax returns and documents; providing
26 for the compromise of taxes in the case of alleged
27 nonresidents of the Commonwealth; making it unlawful for any
1 person to make a false return or report; providing for liens
2 upon real property, the transfer of which is subject to tax,
3 and release thereof; authorizing the Secretary of Revenue to
4 bring suits in other jurisdictions for the collection of
5 taxes, and authorizing officials of other jurisdictions to
6 bring suits in the Commonwealth for the collection of death
7 taxes imposed by their jurisdictions; providing for the
8 refund of taxes to which the Commonwealth is not rightfully
9 or equitably entitled; providing for appeals and protests
10 from the imposition of taxes; regulating the entry into safe
11 deposit boxes of a decedent by certain persons, and providing
12 penalties; dealing with the jurisdiction, powers and
13 procedure of the orphans' court, Secretary of Revenue,
14 Department of Revenue, Attorney General, and register of
15 wills in matters relating to taxes; and citing certain acts
16 for repeal," changing the rate of inheritance tax for certain
17 heirs.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 403, act of June 15, 1961 (P.L.373,
21 No.207), known as the "Inheritance and Estate Tax Act of 1961,"
22 amended December 29, 1967 (P.L.915, No.411), is amended to read:
23 Section 403. Rate of Tax; Class A.--Inheritance tax upon the
24 transfer of property passing to or for the use of any of the
25 following shall be at the rate of six (6) percent:
26 (1) Grandfather, grandmother, father, mother, husband, wife
27 and lineal descendants;
28 (2) Wife or widow, and husband or widower of a child;
29 (3) Brother or sister.
30 Section 2. This act shall take effect immediately and shall
31 apply to:
32 (1) The estates of all decedents dying on or after that day;
33 (2) Intervivos transfers made by decedents dying on or after
34 that day regardless of the date of the transfer.
35 Existing laws shall remain in full force and effect for the
36 estates of all decedents dying before the effective date of this
37 act.
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