THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, BAKER, BEAR, BEYER, BOYD, CALTAGIRONE, DENLINGER, EVERETT, FAIRCHILD, GEIST, GOODMAN, GRELL, GROVE, GRUCELA, HENNESSEY, HESS, HICKERNELL, HUTCHINSON, KILLION, KORTZ, MAJOR, MARSICO, METCALFE, MILLARD, MILNE, MOUL, O'NEILL, PAYNE, PETRARCA, PHILLIPS, PYLE, RAPP, READSHAW, REICHLEY, ROHRER, SOLOBAY, STABACK, STERN, TURZAI, VULAKOVICH AND WATSON, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 13, 2009  

AN ACT

Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An

act relating to tax reform and State taxation by codifying

and enumerating certain subjects of taxation and imposing

taxes thereon; providing procedures for the payment,

collection, administration and enforcement thereof; providing

for tax credits in certain cases; conferring powers and

imposing duties upon the Department of Revenue, certain

employers, fiduciaries, individuals, persons, corporations

and other entities; prescribing crimes, offenses and

penalties," further providing for the imposition of

inheritance tax, for the rate of inheritance tax and for

returns.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2106 of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, added August 4,

1991 (P.L.97, No.22), is amended to read:

Section 2106.  Imposition of Tax.--An inheritance tax for the

use of the Commonwealth is imposed upon every transfer subject

to tax under this article at the rates specified in section

2116. This section shall not apply to the estates of decedents

dying on or after January 1, 2013.

Section 2.  Section 2116(a) of the act, amended May 24, 2000

(P.L.106, No.23) is amended to read:

Section 2116.  Inheritance Tax.--(a)  (1)  Inheritance tax

upon the transfer of property passing to or for the use of any

of the following shall be at the rate of four and one-half per

cent[:] for estates of decedents dying before January 1, 2009;

at the rate of three per cent for estates of decedents dying on

or after January 1, 2009, and before January 1, 2010; at the

rate of two per cent for estates of decedents dying on or after

January 1, 2010, and before January 1, 2011; at the rate of one

per cent for estates of decedents dying on or after January 1,

2011, and before January 1, 2012; and at the rate of zero per

cent for the estates of decedents dying on or after January 1,

2012, and before January 1, 2013:

(i)  grandfather, grandmother, father, mother, except

transfers under subclause (1.2), and lineal descendants; or

(ii)  wife or widow and husband or widower of a child.

(1.1)  Inheritance tax upon the transfer of property passing

to or for the use of a husband or wife shall be:

(i)  At the rate of three per cent for estates of decedents

dying on or after July 1, 1994, and before January 1, 1995.

(ii)  At a rate of zero per cent for estates of decedents

dying on or after January 1, 1995.

(1.2)  Inheritance tax upon the transfer of property from a

child twenty-one years of age or younger to or for the use of a

natural parent, an adoptive parent or a stepparent of the child

shall be at the rate of zero per cent.

(1.3)  Inheritance tax upon the transfer of property passing

to or for the use of a sibling shall be at the rate of twelve

per cent[.] for estates of decedents dying before January 1,

2009; at the rate of ten per cent for estates of decedents dying

on or after January 1, 2009, and before January 1, 2010; at the

rate of eight per cent for estates of decedents dying on or

after January 1, 2010, and before January 1, 2011; at the rate

of five per cent for estates of decedents dying on or after

January 1, 2011, and before January 1, 2012; and at the rate of

two per cent for estates of decedents dying on or after January

1, 2012, and before January 1, 2013.

(2)  Inheritance tax upon the transfer of property passing to

or for the use of all persons other than those designated in

subclause (1), (1.1), (1.2) or (1.3) or exempt under section

2111(m) shall be at the rate of fifteen per cent[.] for estates

of decedents dying before January 1, 2009; at the rate of twelve

per cent for estates of decedents dying on or after January 1,

2009, and before January 1, 2010; at the rate of eight per cent

for estates of decedents dying on or after January 1, 2010, and

before January 1, 2011; and at the rate of four per cent for

estates of decedents dying on or after January 1, 2011, and

before January 1, 2012.

(3)  When property passes to or for the use of a husband and

wife with right of survivorship, one of whom is taxable at a

rate lower than the other, the lower rate of tax shall be

applied to the entire interest.

* * *

Section 3.  Section 2136 of the act is amended by adding a

subsection to read:

Section 2136.  Returns.--* * *

(g)  This section shall not apply to the estates of decedents

dying on or after January 1, 2013, except as referenced by

section 2145.

Section 4.  This act shall take effect immediately.