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        PRIOR PRINTER'S NOS. 1794, 1809, 1866         PRINTER'S NO. 1872

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 6 Session of 2000


        INTRODUCED BY HART, WOZNIAK, TILGHMAN, LOEPER, JUBELIRER, CONTI,
           COSTA, CORMAN, HELFRICK, DENT, LEMMOND, MUSTO, WAGNER, EARLL,
           WHITE, THOMPSON, HOLL, WAUGH, ARMSTRONG, KUKOVICH, GERLACH,
           MADIGAN, PICCOLA, LAVALLE, SLOCUM, SALVATORE, WENGER, MOWERY,
           ROBBINS, RHOADES, STOUT, SCHWARTZ, BELL, O'PAKE, MURPHY,
           MELLOW, TOMLINSON, KASUNIC, BRIGHTBILL, GREENLEAF, PUNT and
           BOSCOLA, MARCH 20, 2000

        AS AMENDED ON THIRD CONSIDERATION, APRIL 11, 2000

                                     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," adding an exemption from and reducing the rate of
    11     inheritance taxes.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 2111 of the act of March 4, 1971 (P.L.6,
    15  No.2), known as the Tax Reform Code of 1971, is amended by
    16  adding a subsection to read:
    17     Section 2111.  Transfers Not Subject to Tax.--* * *
    18     (s)  Transfers of property from a child twenty-one years of
    19  age or younger to the parent of the child.
    20     Section 2.  Section 2116(a) of the act, amended June 16, 1994

     1  (P.L.279, No.48), is amended to read:
     2     Section 2116.  Inheritance Tax.--(a)  (1)  Inheritance tax
     3  upon the transfer of property passing to or for the use of any
     4  of the following shall be at the rate of [six] five per cent:
     5     (i)  grandfather, grandmother[, father, mother], EXCEPT        <--
     6  TRANSFERS UNDER SECTION 2111(S), and lineal descendants; or
     7     (ii)  wife or widow and husband or widower of a child.
     8     (1.1)  Inheritance tax upon the transfer of property passing
     9  to or for the use of a husband or wife shall be:
    10     (i)  At the rate of three per cent for estates of decedents
    11  dying on or after July 1, 1994, and before January 1, 1995.
    12     (ii)  At a rate of zero per cent for estates of decedents
    13  dying on or after January 1, 1995.
    14     (2)  Inheritance tax upon the transfer of property passing to
    15  or for the use of all persons other than those designated in
    16  subclause (1) or (1.1) or exempt under section 2111(m) shall be
    17  at the rate of [fifteen] twelve per cent.
    18     (3)  When property passes to or for the use of a husband and
    19  wife with right of survivorship, one of whom is taxable at a
    20  rate lower than the other, the lower rate of tax shall be
    21  applied to the entire interest.
    22     * * *
    23     Section 3.  This act shall apply to the estates of decedents
    24  dying on or after July 1, 2000, and to inter vivos transfers
    25  made by decedents dying on or after July 1, 2000, regardless of
    26  the date of the transfer.
    27     Section 4.  This act shall take effect July 1, 2000, or
    28  immediately, which is later.


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