PRINTER'S NO. 2156

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.
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     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.










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