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                                                      PRINTER'S NO. 2552

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1966 Session of 2001


        INTRODUCED BY CALTAGIRONE, ALLEN, ARMSTRONG, BEBKO-JONES,
           BELARDI, BELFANTI, CAPPELLI, CAWLEY, CORNELL, COY, CREIGHTON,
           DAILEY, EGOLF, FEESE, GABIG, GEORGE, GRUCELA, HARHART, HASAY,
           WILT, HERMAN, HUTCHINSON, JAMES, LAUGHLIN, LEH, MANN,
           MAYERNIK, McNAUGHTON, METCALFE, S. MILLER, READSHAW, SHANER,
           SOLOBAY, STABACK, STERN, R. STEVENSON, THOMAS, TRICH AND
           YOUNGBLOOD, SEPTEMBER 26, 2001

        REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 26, 2001

                                     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 rate of inheritance tax.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2116(a) of the act of March 4, 1971
    14  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May
    15  24, 2000 (P.L.106, No.23), is amended to read:
    16     Section 2116.  Inheritance Tax.--(a)  (1)  Inheritance tax
    17  upon the transfer of property passing to or for the use of any
    18  of the following shall be at the rate of four and one-half per
    19  cent for estates of decedents dying before January 1, 2001; four


     1  per cent for estates of decedents dying after December 31, 2000,
     2  and before January 1, 2002; three per cent for estates of
     3  decedents dying after December 31, 2001, and before January 1,
     4  2003; two per cent for estates of decedents dying after December
     5  31, 2002, and before January 1, 2004; one per cent for estates
     6  of decedents dying after December 31, 2003, and before January
     7  1, 2005; and zero per cent for estates of decedents dying after
     8  December 31, 2004:
     9     (i)  grandfather, grandmother, father, mother, except
    10  transfers under subclause (1.2), and lineal descendants; or
    11     (ii)  wife or widow and husband or widower of a child.
    12     (1.1)  Inheritance tax upon the transfer of property passing
    13  to or for the use of a husband or wife shall be:
    14     (i)  At the rate of three per cent for estates of decedents
    15  dying on or after July 1, 1994, and before January 1, 1995.
    16     (ii)  At a rate of zero per cent for estates of decedents
    17  dying on or after January 1, 1995.
    18     (1.2)  Inheritance tax upon the transfer of property from a
    19  child twenty-one years of age or younger to or for the use of a
    20  natural parent, an adoptive parent or a stepparent of the child
    21  shall be at the rate of zero per cent.
    22     (1.3)  Inheritance tax upon the transfer of property passing
    23  to or for the use of a sibling shall be at the rate of twelve
    24  per cent[.] for estates of decedents dying before January 1,
    25  2001; nine per cent for estates of decedents dying after
    26  December 31, 2000, and before January 1, 2002; six per cent for
    27  estates of decedents dying after December 31, 2001, and before
    28  January 1, 2003; three per cent for estates of decedents dying
    29  after December 31, 2002, and before January 1, 2004; two per
    30  cent for estates of decedents dying after December 31, 2003, and
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     1  before January 1, 2005; and zero per cent for estates of
     2  decedents dying after December 31, 2004.
     3     (2)  Inheritance tax upon the transfer of property passing to
     4  or for the use of all persons other than those designated in
     5  subclause (1), (1.1), (1.2) or (1.3) or exempt under section
     6  2111(m) shall be at the rate of fifteen per cent[.] for estates
     7  of decedents dying before January 1, 2001; twelve per cent for
     8  estates of decedents dying after December 31, 2000, and before
     9  January 1, 2002; nine per cent for estates of decedents dying
    10  after December 31, 2001, and before January 1, 2003; six per
    11  cent for estates of decedents dying after December 31, 2002, and
    12  before January 1, 2004; three per cent for estates of decedents
    13  dying after December 31, 2003, and before January 1, 2005; and
    14  zero per cent for estates of decedents dying after December 31,
    15  2004.
    16     (3)  When property passes to or for the use of a husband and
    17  wife with right of survivorship, one of whom is taxable at a
    18  rate lower than the other, the lower rate of tax shall be
    19  applied to the entire interest.
    20     * * *
    21     Section 2.  This act shall take effect immediately.






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