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                                                       PRINTER'S NO. 431

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 406 Session of 2005


        INTRODUCED BY SCHRODER, ARMSTRONG, BALDWIN, BARRAR, BOYD,
           BROWNE, CALTAGIRONE, CAPPELLI, CRAHALLA, DENLINGER,
           FAIRCHILD, FICHTER, FLICK, GABIG, GEIST, GINGRICH, GODSHALL,
           GOODMAN, HARHART, HARRIS, HENNESSEY, HERSHEY, HESS,
           HUTCHINSON, KILLION, LEH, MAHER, MARSICO, McILHATTAN, NAILOR,
           NICKOL, O'NEILL, PALLONE, PETRARCA, PHILLIPS, PICKETT,
           REICHLEY, ROHRER, ROSS, SAINATO, SAYLOR, SCAVELLO, SHANER,
           E. Z. TAYLOR, THOMAS, TURZAI, WILT, YOUNGBLOOD AND ZUG,
           FEBRUARY 9, 2005

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 9, 2005

                                     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 classes of income for
    11     purposes of personal income tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 303 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 303.  Classes of Income.--* * *
    18     (a.4)  If filing a joint return, a spouse may offset a gain
    19  in the same class of income with a loss of the other spouse in

     1  the same class of income, except for gains or losses under
     2  subsection (a)(7).
     3     * * *
     4     Section 2.  The amendment of section 303 of the act shall
     5  apply to tax years beginning after December 31, 2004.
     6     Section 3.  This act shall take effect immediately.
















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