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        PRIOR PRINTER'S NO. 1560                      PRINTER'S NO. 1864

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1312 Session of 2005


        INTRODUCED BY MUSTIO, TURZAI, ALLEN, BAKER, BALDWIN, BARRAR,
           BASTIAN, BENNINGHOFF, BOYD, CALTAGIRONE, CAPPELLI, CAUSER,
           CLYMER, CRAHALLA, CREIGHTON, DALEY, DENLINGER, ELLIS,
           FAIRCHILD, FEESE, FICHTER, GEIST, GINGRICH, GOODMAN, HARRIS,
           HERMAN, HERSHEY, HICKERNELL, HUTCHINSON, M. KELLER, KILLION,
           LEH, MAJOR, MARKOSEK, MARSICO, McILHATTAN, McILHINNEY,
           McNAUGHTON, METCALFE, MILLARD, R. MILLER, S. MILLER, NAILOR,
           NICKOL, O'NEILL, PAYNE, PETRARCA, PICKETT, READSHAW, REED,
           REICHLEY, ROSS, RUBLEY, SCAVELLO, SCHRODER, SEMMEL, STEIL,
           STERN, R. STEVENSON, E. Z. TAYLOR, TRUE, WALKO, WATSON, WILT
           AND ZUG, APRIL 11, 2005

        AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
           AS AMENDED, MAY 3, 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 in capital stock franchise tax,
    11     for imposition of tax and for expiration.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Sections 602(h) and 607 of the act of March 4,
    15  1971 (P.L.6, No.2), known as the Tax Reform Code of 1971,
    16  amended December 23, 2003 (P.L.250, No.46), are amended to read:
    17     Section 602.  Imposition of Tax.--* * *


     1     (h)  The rate of tax for purposes of the capital stock and
     2  franchise tax for taxable years beginning within the dates set
     3  forth shall be as follows:
     4       Taxable Year         Regular Rate  Surtax    Total Rate
     5    January 1, 1971, to
     6         December 31, 1986    10 mills    0           10 mills
     7    January 1, 1987, to
     8         December 31, 1987    9 mills     0           9 mills
     9    January 1, 1988, to
    10         December 31, 1990    9.5 mills   0           9.5 mills
    11    January 1, 1991, to
    12         December 31, 1991    11 mills    2 mills     13 mills
    13    January 1, 1992, to
    14         December 31, 1997    11 mills    1.75 mills  12.75 mills
    15    January 1, 1998, to
    16         December 31, 1998    11 mills     .99 mills  11.99 mills
    17    January 1, 1999, to
    18         December 31, 1999    10.99 mills 0           10.99 mills
    19    January 1, 2000, to
    20         December 31, 2000    8.99 mills  0           8.99 mills
    21    January 1, 2001, to
    22         December 31, 2001    7.49 mills  0           7.49 mills
    23    [January 1, 2002, to                                            <--
    24         December 31, 2003    7.24 mills  0           7.24 mills
    25    January 1, 2004, to
    26         December 31, 2004    6.99 mills  0           6.99 mills
    27    [January 1, 2005, to                                            <--
    28         December 31, 2005    5.99 mills  0           5.99 mills
    29    January 1, 2006, to
    30         December 31, 2006    4.99 mills  0           4.99 mills
    20050H1312B1864                  - 2 -     

     1    January 1, 2007, to
     2         December 31, 2007    3.99 mills  0           3.99 mills
     3    January 1, 2008, to
     4         December 31, 2008    2.99 mills  0           2.99 mills
     5    January 1, 2009, to
     6         December 31, 2009    1.99 mills  0           1.99 mills
     7    January 1, 2010, to
     8         December 31, 2010     .99 mills  0            .99 mills]
     9    January 1, 2002, to                                             <--
    10         December 31, 2002    7.24 mills  0           7.24 mills
    11    January 1, 2003, to
    12         December 31, 2003    6.99 mills  0           6.99 mills
    13    January 1, 2004, to
    14         December 31, 2004    4.99 mills  0           4.99 mills
    15    January 1, 2005, to
    16         December 31, 2005    3.99 mills  0           3.99 mills
    17    January 1, 2006, to
    18         December 31, 2006    2.99 mills  0           2.99 mills
    19    January 1, 2007, to
    20         December 31, 2007    1.99 mills  0           1.99 mills
    21    January 1, 2008, to
    22         December 31, 2008     .99 mills  0            .99 mills
    23     * * *
    24     Section 607.  [Expiration] Applicability.--This article shall
    25  [expire for] not apply to taxable years beginning after December
    26  31, [2010] 2008.
    27     Section 2.  The amendment of sections 602(h) and 607 of the
    28  act shall be retroactive to December 23, 2003. APPLY TO TAXABLE   <--
    29  YEARS BEGINNING AFTER DECEMBER 31, 2004.
    30     Section 3.  This act shall take effect immediately.
    C29L72JAM/20050H1312B1864        - 3 -