PRIOR PRINTER'S NO. 2046                      PRINTER'S NO. 3686

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1642 Session of 1987


        INTRODUCED BY B. SMITH, TRELLO, J. L. WRIGHT, RYBAK,
           E. Z. TAYLOR, FISCHER, MORRIS, NOYE, TIGUE, FOSTER,
           VAN HORNE, MARKOSEK, MRKONIC, FARMER, McVERRY, NAHILL,
           RAYMOND, BUNT, FOX, PHILLIPS, STABACK, MERRY, OLASZ, SEVENTY,
           BOOK, HECKLER, JOHNSON, BOYES, GEIST, CARLSON, WOGAN, BARLEY,
           SEMMEL, LASHINGER, KASUNIC, CARN, DeLUCA, KENNEY, TELEK,
           HAYDEN, MICHLOVIC, FARGO, R. C. WRIGHT, BOWSER, HESS,
           ROBBINS, DORR AND McHALE, JUNE 30, 1987

        AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
           AS AMENDED, AUGUST 9, 1988

                                     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 joint returns by husbands and wives.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:


     1     Section 1.  The definition of "taxpayer" in Division I of
     2  section 13 of the act of December 31, 1965 (P.L.1257, No.511),
     3  known as The Local Tax Enabling Act, is amended to read:
     4     Section 13.  Earned Income Taxes.--On and after the effective
     5  date of this act the remaining provisions of this section shall
     6  be included in or construed to be a part of each tax levied and
     7  assessed upon earned income by any political subdivision levying
     8  and assessing such tax pursuant to this act. The definitions
     9  contained in this section shall be exclusive for any tax upon
    10  earned income and net profits levied and assessed pursuant to
    11  this act, and shall not be altered or changed by any political
    12  subdivision levying and assessing such tax.
    13                          I.  Definitions
    14     * * *
    15     "Taxpayer." A person, partnership, association, or any other
    16  entity, required hereunder to file a return of earned income or
    17  net profits, or to pay a tax thereon. At the option of the
    18  political subdivision, a husband and wife may be permitted to
    19  file a joint tax return. with each party jointly and severably    <--
    20  liable for any taxes due or refunds to be received.
    21                               * * *
    22     Section 2.  This act shall apply to the tax year beginning
    23  January 1, 1987 1988.                                             <--
    24     Section 3.  This act shall take effect in 60 days.




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