PRINTER'S NO. 2156
No. 1800 Session of 1981
INTRODUCED BY BITTLE AND PUNT, SEPTEMBER 15, 1981
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 15, 1981
AN ACT 1 Amending the act of December 31, 1965 (P.L.1257, No.511), 2 entitled "An act empowering cities of the second class, 3 cities of the second class A, cities of the third class, 4 boroughs, towns, townships of the first class, townships of 5 the second class, school districts of the second class, 6 school districts of the third class and school districts of 7 the fourth class including independent school districts, to 8 levy, assess, collect or to provide for the levying, 9 assessment and collection of certain taxes subject to maximum 10 limitations for general revenue purposes; authorizing the 11 establishment of bureaus and the appointment and compensation 12 of officers, agencies and employes to assess and collect such 13 taxes; providing for joint collection of certain taxes, 14 prescribing certain definitions and other provisions for 15 taxes levied and assessed upon earned income, providing for 16 annual audits and for collection of delinquent taxes, and 17 permitting and requiring penalties to be imposed and 18 enforced, including penalties for disclosure of confidential 19 information, providing an appeal from the ordinance or 20 resolution levying such taxes to the court of quarter 21 sessions and to the Supreme Court and Superior Court," 22 further providing for the payment of tax. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. Section 14, act of December 31, 1965 (P.L.1257, 26 No.511), known as "The Local Tax Enabling Act," amended October 27 26, 1972 (P.L.1043, No.261), is amended to read:
1 Section 14. Payment of Tax to Other Political Subdivisions 2 or States as Credit or Deduction; Withholding Tax.--(a) Payment 3 of any tax to any political subdivision pursuant to an ordinance 4 or resolution passed or adopted prior to the effective date of 5 this act shall be credited to and allowed as a deduction from 6 the liability of taxpayers for any like tax respectively on 7 salaries, wages, commissions, other compensation or on net 8 profits of businesses, professions or other activities and for 9 any income tax imposed by any other political subdivision of 10 this Commonwealth under the authority of this act. 11 (b) Payment of any tax on salaries, wages, commissions, 12 other compensation or on net profits of business, professions or 13 other activities to a political subdivision by residents thereof 14 pursuant to an ordinance or resolution passed or adopted under 15 the authority of this act shall be credited to and allowed as a 16 deduction from the liability of such persons for any other like 17 tax respectively on salaries, wages, commissions, other 18 compensation or on net profits of businesses, professions or 19 other activities imposed by any other political subdivision of 20 this Commonwealth under the authority of this act. 21 (c) Payment of any tax on income to any political 22 subdivision by residents thereof pursuant to an ordinance or 23 resolution passed or adopted under the authority of this act 24 shall, to the extent that such income includes salaries, wages, 25 commissions, other compensation or net profits of businesses, 26 professions or other activities, but in such proportion as 27 hereinafter set forth, be credited to and allowed as a deduction 28 from the liability of such persons for any other tax on 29 salaries, wages, commissions, other compensation or on net 30 profits of businesses, professions, or other activities imposed 19810H1800B2156 - 2 -
1 by any other political subdivision of this Commonwealth under 2 the authority of this act. 3 (d) Payment of any tax on income to any state or to any 4 political subdivision thereof by residents thereof, pursuant to 5 any State or local law, [may, at the discretion of the 6 Pennsylvania political subdivision imposing such tax] shall, to 7 the extent that such income includes salaries, wages, 8 commissions, or other compensation or net profits of businesses, 9 professions or other activities but in such proportions as 10 hereinafter set forth, be credited to and allowed as a deduction 11 from the liability of such person for any other tax on salaries, 12 wages, commissions, other compensation or net profits of 13 businesses, professions or other activities imposed by any 14 political subdivision of this Commonwealth under the authority 15 of this act, if residents of the political subdivision in 16 Pennsylvania received credits and deductions of a similar kind 17 to a like degree from the tax on income imposed by the other 18 state or political subdivision thereof. 19 (e) Payment of any tax on income to any State other than 20 Pennsylvania or to any political subdivision located outside the 21 boundaries of this Commonwealth, by residents of a political 22 subdivision located in Pennsylvania shall, to the extent that 23 such income includes salaries, wages, commissions, or other 24 compensation or net profits of businesses, professions or other 25 activities but in such proportions as hereinafter set forth, be 26 credited to and allowed as a deduction from the liability of 27 such person for any other tax on salaries, wages, commissions, 28 other compensation or net profits of businesses, professions or 29 other activities imposed by any political subdivision of this 30 Commonwealth under the authority of this act. 19810H1800B2156 - 3 -
1 (f) Where a credit or a deduction is allowable in any of the 2 several cases hereinabove provided, it shall be allowed in 3 proportion to the concurrent periods for which taxes are imposed 4 by the other state or respective political subdivisions, but not 5 in excess of the amount previously paid for a concurrent period. 6 (g) No credit or deduction shall be allowed against any tax 7 on earned income imposed under authority of this act to the 8 extent of the amount of credit or deduction taken for the same 9 period by the taxpayer against any income tax imposed by the 10 Commonwealth of Pennsylvania under section 314 of the act of 11 March 4, 1971 (P.L.6, No.2) known as the "Tax Reform Code of 12 1971," on account of taxes imposed on income by other states or 13 by their political subdivisions. 14 Section 2. This act shall take effect immediately and shall 15 apply to the next succeeding tax year following the date of 16 final enactment. D22L53DGS/19810H1800B2156 - 4 -