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11/21/2019 06:50 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=29960
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: July 10, 2019 11:23 AM
From: Representative Thomas P. Murt
To: All House members
Subject: Inheritance Tax Elimination for Children with Disabilities (Prior HB 415)
 
I will be reintroducing legislation to amend the Tax Reform Code to add and define “child with a disability” and to eliminate the inheritance tax that is applied when assets are transferred from a deceased parent to a disabled child.

Under the current law when a deceased parent transfers property and assets to a disabled child, a 4.5% inheritance tax is applied. The legislation that I am proposing will reduce the 4.5% tax to ZERO percent upon the transfer of property or assets from a deceased parent, adoptive parent, or a stepparent to a disabled child.

The Department of Revenue does not believe this violates the Pa Constitution’s Uniformity Clause. Article VIII, Section 2 (b) (iii) of Pennsylvania’s Constitution permits the General Assembly to establish disabled individuals as a class of persons determined to be in need of a tax exemption.

Previous Co-Sponsors: BAKER, BARRAR, BOBACK, V. BROWN, CALTAGIRONE, CHARLTON, D. COSTA, DAVIDSON, DEASY, DRISCOLL, FARRY, GABLER, GOODMAN, MACKENZIE, MATZIE, McNEILL, NEILSON, ROTHMAN, ROZZI, STURLA, WARD, WATSON, BIZZARRO, KINSEY, ROE and SIMS



Introduced as HB1884