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                                                       PRINTER'S NO. 663

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 602 Session of 2003


        INTRODUCED BY GREENLEAF, RAFFERTY, O'PAKE, ORIE, WAGNER,
           ERICKSON, TARTAGLIONE, KUKOVICH, WOZNIAK, SCHWARTZ, WAUGH AND
           C. WILLIAMS, APRIL 15, 2003

        REFERRED TO FINANCE, APRIL 15, 2003

                                     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," excluding unreimbursed child and dependent care
    11     expenses from compensation.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 303(a)(1) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  March 13, 1974 (P.L.179, No.32), is amended to read:
    17     Section 303.  Classes of Income.--(a)  The classes of income
    18  referred to above are as follows:
    19     (1)  Compensation. (i)  All salaries, wages, commissions,
    20  bonuses and incentive payments whether based on profits or
    21  otherwise, fees, tips and similar remuneration received for
    22  services rendered whether directly or through an agent and

     1  whether in cash or in property except income derived from the
     2  United States Government for active duty outside the
     3  Commonwealth of Pennsylvania as a member of its armed forces.
     4     (ii)  Notwithstanding any other provision of this act,
     5  unreimbursed child and dependent care expenses which are used in
     6  calculating the Federal child and dependent care credit in
     7  accordance with section 21 of the Internal Revenue Code of 1986
     8  (Public Law 99-514, 26 U.S.C. § 1 et seq.) shall be excluded
     9  from the definition of the term "compensation" provided that the
    10  taxpayer submits a copy of the requisite Federal tax form on
    11  which the child and dependent care expenses are claimed when
    12  filing the tax return under section 330.
    13     * * *
    14     Section 2.  This act shall apply to the tax year beginning
    15  January 1, 2004, and each tax year thereafter.
    16     Section 3.  This act shall take effect immediately.










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