HOUSE AMENDED
PRIOR PRINTER'S NOS. 410, 1388, 1554 PRINTER'S NO. 1704
No. 370 Session of 1985
INTRODUCED BY LOEPER, SCANLON, FISHER, ZEMPRELLI, PECORA,
ROMANELLI, ROSS, O'PAKE, RHOADES, SALVATORE, BRIGHTBILL AND
KELLEY, FEBRUARY 13, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 1985
AN ACT
1 Amending the act of May 5, 1933 (P.L.284, No.104), entitled, as
2 reenacted and amended, "An act imposing a State tax, payable
3 by those herein defined as manufacturers and by others, on
4 malt or brewed beverages used, sold, transported, or
5 delivered within the Commonwealth; prescribing the method and
6 manner of evidencing the payment and collection of such tax;
7 conferring powers and imposing duties on the Department of
8 Revenue, and those using or engaged in the sale, at retail or
9 wholesale, or in the transportation of malt or brewed
10 beverages taxable hereunder; and providing penalties,"
11 extending AND CHANGING CERTAIN CONDITIONS FOR the emergency <--
12 malt or brewed beverage tax credits.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 10.1 of the act of May 5, 1933 (P.L.284,
16 No.104), known as the Malt Beverage Tax Law, reenacted and
17 amended July 9, 1935 (P.L.628, No.222) and amended November 26,
18 1982 (P.L.742, No.202), is amended to read:
19 Section 10.1. (a) The General Assembly of the Commonwealth
20 of Pennsylvania, conscious of the financial emergency facing the
21 brewing industry in Pennsylvania and the attendant risk of
1 business failure and loss of employment opportunity, declares it
2 public policy that renewal and improvement of the capital
3 facilities of the brewing industry be encouraged and assisted by
4 a limited tax subsidy to be granted during the period of the
5 said emergency.
6 (b) As used in this act:
7 "Amounts paid" means (i) amounts actually paid, or (ii) at
8 the taxpayer's election, amounts promised to be paid under firm
9 purchase contracts actually executed during any calendar year
10 falling within the emergency period: Provided, however, That
11 there shall be no duplication of "amounts paid" under this
12 definition.
13 "Emergency period" is the period from January 1, 1974 to
14 December 31, [1985] 1988, inclusive.
15 "Qualifying capital expenditures" means amounts paid by a
16 taxpayer OR ITS WHOLLY OWNED SUBSIDIARIES during the emergency <--
17 period for the purchase of items of plant, machinery or
18 equipment intended for use by the taxpayer within the
19 Commonwealth in the manufacture and sale of malt or brewed
20 beverages OR IN THE RECYCLING OF THE CONTAINERS IN WHICH THE <--
21 MALT OR BREWED BEVERAGES ARE PACKAGED OR SOLD: Provided,
22 however, That the total amount of qualifying capital
23 expenditures made by the taxpayer within a single calendar year
24 included within the emergency period shall not exceed [one <--
25 hundred thousand dollars ($100,000.00)] TWO HUNDRED THOUSAND <--
26 DOLLARS ($200,000.00).
27 "Secretary" means the Secretary of Revenue of the
28 Commonwealth of Pennsylvania where not otherwise qualified.
29 "Taxpayer" means a manufacturer of malt or brewed beverages
30 claiming a tax credit or credits under this act.
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1 (c) A tax credit or credits shall be allowed to a taxpayer,
2 as hereinafter provided, not to exceed in total amount the
3 amount of qualifying capital expenditures [made by the taxpayer <--
4 and] certified by the secretary. <--
5 (d) A taxpayer desiring to claim a tax credit or credits
6 under this act shall from time to time, in accordance with
7 regulations promulgated by the secretary, report to the
8 secretary the nature, amounts and dates of qualifying capital
9 expenditures made by him and such other information as the
10 secretary shall require. If satisfied as to the correctness of
11 such a report, the secretary shall issue to the taxpayer a
12 certificate establishing the amount of qualifying capital
13 expenditures made by the taxpayer and included within said
14 report.
15 (e) Upon receipt from a taxpayer of a certificate from the
16 secretary issued under subsection (c) of this section, the
17 Secretary of Revenue shall grant a tax credit or credits in the
18 amount certified against any tax then due or thereafter becoming
19 due from the taxpayer under this act. No credit shall be allowed
20 against any tax due for any taxable period ending after December
21 31, [1986] 1989.
22 Section 2. This act shall take effect immediately.
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