CORRECTIVE REPRINT

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, BAKER, BARRAR, BOBACK, BOYD, CLYMER, FAIRCHILD, GEIST, GIBBONS, GINGRICH, HENNESSEY, HESS, HORNAMAN, KAUFFMAN, M. KELLER, KORTZ, MENSCH, METZGAR, MILLARD, MILNE, MOUL, MURT, OBERLANDER, O'NEILL, PETRARCA, PHILLIPS, QUINN, RAPP, READSHAW, ROAE, ROHRER, SWANGER, J. TAYLOR, WATSON AND FARRY, MARCH 6, 2009

REFERRED TO COMMITTEE ON FINANCE, MARCH 6, 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 imposition of the corporate

net income tax.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 402 of the act of March 4, 1971 (P.L.6,

No.2), known as the Tax Reform Code of 1971, amended June 29,

2002 (P.L.559, No.89), is amended to read:

Section 402.  Imposition of Tax.--(a)  A corporation shall be

subject to and shall pay an excise tax for exercising, whether

in its own name or through any person, association, business

trust, corporation, joint venture, limited liability company,

limited partnership, partnership or other entity, any of the

following privileges:

(1)  Doing business in this Commonwealth.

(2)  Carrying on activities in this Commonwealth, including

solicitation which is not protected activity under the act of

September 14, 1959 (Public Law 86-272, 15 U.S.C. § 381 et seq.).

(3)  Having capital or property employed or used in this

Commonwealth.

(4)  Owning property in this Commonwealth.

(b)  The annual rate of tax on corporate net income imposed

by subsection (a) for taxable years beginning for the calendar

year or fiscal year on or after the dates set forth shall be as

follows:

(c)  An entity subject to taxation under Article VII, VIII,

IX or XV shall not be subject to the tax imposed by this

article.

Section 2.  This act shall take effect in 60 days.