PRINTER'S NO. 631
No. 603 Session of 1999
INTRODUCED BY COY, GRUCELA, SOLOBAY, STETLER, DeWEESE, RAMOS, BELFANTI, HANNA, TRAVAGLIO, LEVDANSKY, MELIO, PESCI, McCALL, LAWLESS, M. COHEN, PRESTON, DeLUCA, SCRIMENTI, BARRAR, CORRIGAN, SAINATO, KENNEY, GEORGE, VAN HORNE, TRELLO, CURRY, YOUNGBLOOD, HARHAI, YUDICHAK, ROBERTS, STABACK, MANDERINO, LUCYK, READSHAW, WALKO, THOMAS, HERMAN, STURLA, SURRA, ALLEN, SEMMEL, L. I. COHEN, WILLIAMS, STEELMAN AND DALEY, FEBRUARY 17, 1999
REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 17, 1999
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," further providing for personal income tax 11 definitions; and providing for a higher education credit 12 against personal income tax. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. Section 301 of the act of March 4, 1971 (P.L.6, 16 No.2), known as the Tax Reform Code of 1971, is amended by 17 adding a definition to read: 18 Section 301. Definitions.--The following words, terms and 19 phrases when used in this article shall have the meaning 20 ascribed to them in this section except where the context
1 clearly indicates a different meaning. Unless specifically 2 provided otherwise, any reference in this article to the 3 Internal Revenue Code shall include the Internal Revenue Code of 4 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), as amended to 5 January 1, 1997: 6 * * * 7 (o.2a) "Qualified institution of higher education" means an 8 educational institution which has the authority from a state to 9 confer degrees for the satisfactory completion of programs in 10 postsecondary education. 11 * * * 12 Section 2. The act is amended by adding a section to read: 13 Section 304.1. Credit for Higher Education.--(a) A taxpayer 14 is entitled to a credit against the tax imposed by this article 15 in accordance with this section. 16 (b) A taxpayer is eligible for the credit under this section 17 if any of the following clauses apply: 18 (1) The taxpayer is an individual who: 19 (i) is matriculated at a qualified institution of higher 20 education; and 21 (ii) pays more than half of the taxpayer's tuition at that 22 institution. 23 (2) The taxpayer: 24 (i) is the parent of a child who is matriculated at a 25 qualified institution of higher education; and 26 (ii) pays more than half of that child's tuition at that 27 institution. 28 (3) The taxpayer: 29 (i) is the spouse of an individual who is matriculated at a 30 qualified institution of higher education; and 19990H0603B0631 - 2 -
1 (ii) pays more than half of that individual's tuition at 2 that institution. 3 (c) The amount of the credit under subsection (b) shall be 4 the per cent specified in section 302(a)(2) or (b)(2) times up 5 to five thousand dollars ($5,000) of the amount spent by the 6 taxpayer on: 7 (1) tuition for the taxpayer under subsection (b)(1); 8 (2) tuition for each child under subsection (b)(2); and 9 (3) tuition for the spouse under subsection (b)(3). 10 Section 3. The addition of sections 301(o.2a) and 304.1 of 11 the act shall apply to taxable years beginning after December 12 31, 1998. 13 Section 4. This act shall take effect immediately. L10L72DMS/19990H0603B0631 - 3 -