PRINTER'S NO. 38
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
59
Session of
2015
INTRODUCED BY GREENLEAF, STACK, SCHWANK AND TARTAGLIONE,
JANUARY 14, 2015
REFERRED TO FINANCE, JANUARY 14, 2015
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," in personal income tax, further providing for
classes of income and for spousal income tax returns; and
abrogating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 303 of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971, is amended by
adding a subsection to read:
Section 303. Classes of Income.--* * *
(a.9) A taxpayer may offset a gain in one class of income
with a loss in another class of income. Notwithstanding 1
Pa.C.S. ยง 1937(a) (relating to references to statutes and
regulations), this subsection shall not affect a change in any
of the following provisions as they exist on June 30, 2013:
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(1) The definitions of "earned income" and "net profits" in
section 501 of the act of December 31, 1965 (P.L.1257, No.511),
known as "The Local Tax Enabling Act."
(2) The definition of "personal income" in section 302 of
the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known
as the "Taxpayer Relief Act."
* * *
Section 2. Section 331(b) of the act, added August 31, 1971
(P.L.362, No.93), is amended to read:
Section 331. Returns of Married Individuals, Deceased or
Disabled Individuals and Fiduciaries.--* * *
(b) If the income tax liabilities of husband and wife are
determined on a joint return, [their] all of the following
apply:
(1) Their tax liabilities shall be joint and several.
(2) A spouse may offset a gain in a class of income with a
loss of the other spouse in the same class of income.
(3) A spouse may offset a gain in one class of income with a
loss of the other spouse in another class of income.
* * *
Section 3. The following provisions of 61 Pa. Code are
abrogated:
(1) Section 115.5(d).
(2) Section 121.15(c) and (d).
Section 4. The following provisions shall apply to taxable
years beginning after December 31, 2014:
(1) The addition of subsection 303(a.9) of the act.
(2) The amendment of section 331(b) of the act.
(3) Section 3 of this act.
Section 5. This act shall take effect immediately.
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