PRINTER'S NO. 322
No. 298 Session of 1985
INTRODUCED BY SWEET, TRELLO, J. L. WRIGHT, KUKOVICH, O'DONNELL, ITKIN, FEE, OLIVER, FISCHER, D. R. WRIGHT, NAHILL, TIGUE, HALUSKA, CAPPABIANCA, MICOZZIE, F. E. TAYLOR, DAWIDA, VAN HORNE, PETRARCA, STUBAN, MRKONIC, KOSINSKI, BALDWIN, COLAFELLA, PRESTON, LASHINGER, MICHLOVIC, PRATT, SEVENTY, OLASZ, WOZNIAK, BOOK, AFFLERBACH, KASUNIC, FATTAH, DEAL, BLAUM, LINTON, BELARDI, LUCYK, REBER, DALEY AND FREEMAN, FEBRUARY 11, 1985
REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 11, 1985
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 excess utilities gross receipts tax 11 to be placed into the Commonwealth Weatherization Fund. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 1101(a), (b) and (d) of the act of March 15 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, 16 amended December 11, 1979 (P.L.499, No.107), is amended to read: 17 Section 1101. Imposition of Tax.--(a) General Rule.--Every 18 railroad company, pipeline company, conduit company, steamboat 19 company, canal company, slack water navigation company,
1 transportation company, and every other company, association,
2 joint-stock association, or limited partnership, now or
3 hereafter incorporated or organized by or under any law of this
4 Commonwealth, or now or hereafter organized or incorporated by
5 any other state or by the United States or any foreign
6 government, and doing business in this Commonwealth, and every
7 copartnership, person or persons owning, operating or leasing to
8 or from another corporation, company, association, joint-stock
9 association, limited partnership, copartnership, person or
10 persons, any railroad, pipeline, conduit, steamboat, canal,
11 slack water navigation, or other device for the transportation
12 of freight, passengers, baggage, or oil, except taxicabs, motor
13 buses and motor omnibuses, and every limited partnership,
14 association, joint-stock association, corporation or company
15 engaged in, or hereafter engaged in, the transportation of
16 freight or oil within this State, and every telephone company,
17 telegraph company, express company, gas company, palace car
18 company and sleeping car company, now or hereafter incorporated
19 or organized by or under any law of this Commonwealth, or now or
20 hereafter organized or incorporated by any other state or by the
21 United States or any foreign government and doing business in
22 this Commonwealth, and every limited partnership, association,
23 joint-stock association, copartnership, person or persons,
24 engaged in telephone, telegraph, express, gas, palace car or
25 sleeping car business in this Commonwealth, shall pay to the
26 State Treasurer, through the Department of Revenue, a tax [of
27 forty-five mills] at the rate prescribed in subsection (d)(2)
28 upon each dollar of the gross receipts of the corporation,
29 company or association, limited partnership, joint-stock
30 association, copartnership, person or persons, received from
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1 passengers, baggage, and freight transported wholly within this 2 State, from telegraph or telephone messages transmitted wholly 3 within this State, from express, palace car or sleeping car 4 business done wholly within this State, or from the sales of 5 gas, except gross receipts derived from sales to any 6 municipality owned or operated public utility and except gross 7 receipts derived from the sales for resale, to persons, 8 partnerships, associations, corporations or political 9 subdivisions subject to the tax imposed by this act upon gross 10 receipts derived from such resale and from the transportation of 11 oil done wholly within this State. The gross receipts of gas 12 companies shall include the gross receipts from the sale of 13 artificial and natural gas, but shall not include gross receipts 14 from the sale of liquefied petroleum gas. 15 (b) Electric Light, Waterpower and Hydro-electric 16 Utilities.--Every electric light company, waterpower company and 17 hydro-electric company now or hereafter incorporated or 18 organized by or under any law of this Commonwealth, or now or 19 hereafter organized or incorporated by any other state or by the 20 United States or any foreign government and doing business in 21 this Commonwealth, and every limited partnership, association, 22 joint-stock association, copartnership, person or persons, 23 engaged in electric light and power business, waterpower 24 business and hydro-electric business in this Commonwealth, shall 25 pay to the State Treasurer, through the Department of Revenue, a 26 tax [of forty-five mills] at the rate prescribed in subsection 27 (d)(2) upon each dollar of the gross receipts of the 28 corporation, company or association, limited partnership, joint- 29 stock association, copartnership, person or persons, received 30 from: 19850H0298B0322 - 3 -
1 (1) the sales of electric energy within this State, except 2 gross receipts derived from the sales for resale of electric 3 energy to persons, partnerships, associations, corporations or 4 political subdivisions subject to the tax imposed by this 5 subsection upon gross receipts derived from such resale; and 6 (2) the sales of electric energy produced in Pennsylvania 7 and made outside of Pennsylvania in a state that has taken 8 action since December 21, 1977 which results in higher costs for 9 electric energy produced in that state and sold in Pennsylvania 10 unless the action that was taken after December 21, 1977 is 11 rescinded according to the following apportionment formula: 12 except for gross receipts derived from sales under clause (1), 13 the gross receipts from all sales of electricity of the producer 14 shall be apportioned to the Commonwealth of Pennsylvania by the 15 ratio of the producer's operating and maintenance expenses in 16 Pennsylvania and depreciation attributable to property in 17 Pennsylvania to the producer's total operating and maintenance 18 expenses and depreciation. 19 * * * 20 (d) Tax [Computation.--] Computation; Rate.--(1) Upon the 21 date its tentative report is required to be made, for the year 22 1972 and each year thereafter the corporation, association or 23 individual making a tentative report shall transmit such report 24 to the Department of Revenue on account of the tax due for the 25 current period of twelve months and compute and make payment of 26 the tentative tax with such report pursuant to the provisions of 27 section 1202.1. 28 (2) The tax imposed by this section shall be imposed at the 29 rate shown below on the gross receipts derived from business 30 done during the indicated calendar year: 19850H0298B0322 - 4 -
1 Calendar Year Rate 2 1985 45 mills 3 1986 45 mills 4 1987 43 mills 5 1988 41 mills 6 1989 39 mills 7 1990 37 mills 8 1991 and thereafter 35 mills 9 (3) During fiscal year 1985-1986 and in each fiscal year 10 thereafter, the Secretary of Revenue shall deposit in a special 11 fund to be known as the Commonwealth Weatherization Fund, any 12 revenue received from the tax imposed by this article in excess 13 of the amount of revenue received from the tax imposed by this 14 article during fiscal year 1984-1985. 15 * * * 16 Section 2. This act shall take effect in 60 days. A30L72RDG/19850H0298B0322 - 5 -