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A05369
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2408
Session of
2020
INTRODUCED BY MARKOSEK, BURGOS, ULLMAN, SANCHEZ, WEBSTER,
RAVENSTAHL, CALTAGIRONE, HANBIDGE, T. DAVIS, McNEILL,
DELLOSO, O'MARA, HARKINS, HILL-EVANS, READSHAW, MULLINS,
DONATUCCI, WARREN, BURNS, BOYLE, HOHENSTEIN, KORTZ,
KOSIEROWSKI, BIZZARRO, KINSEY, GALLOWAY, SCHWEYER,
SHUSTERMAN, HOWARD, GREEN, FRANKEL, CIRESI, HELM AND MERSKI,
APRIL 14, 2020
AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 20, 2020
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
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certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
Commonwealth," in emergency finance and tax provisions,
providing for exemption from taxation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding a section to read:
Section 104-A. Exemption from taxation.
(a) Payment.-- A payment received by an individual from the
United States UNDER SECTION 2201 through the Coronavirus Aid,
Relief and Economic Security Act (Public Law 116-136) Federal
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136, 134 Stat. 281) shall not be included in the income,
earned income or taxable income of the individual for the 2020
tax year for the purpose of any of the following:
(1) The act of December 31, 1965 (P.L.1257, No.511),
known as The Local Tax Enabling Act.
(2) Article III of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(3) The act of June 27, 2006 (1st Sp.Sess., P.L.1873,
No.1), known as the Taxpayer Relief Act.
(b) Loan forgiveness.--
(1) This subsection applies to a forgiveness of
indebtedness granted under the Federal Coronavirus Aid,
Relief, and Economic Security Act for a loan which is:
(i) guaranteed under section 7(a) of the Small
Business Act (Public Law 85-536, 15 U.S.C. ยง 636(a)); and
(ii) issued by an authorized lender to assist with
maintaining payroll costs during the period beginning
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after February 29, 2020, and ending before July 1, 2020.
(2) The amount of forgiveness under paragraph (1) must
not exceed the amount approved by the authorized lender that
issued the loan.
(3) Forgiveness under this subsection shall not be
included in the income, taxable income or earned income of
the person granted forgiveness for a taxable year in which
forgiveness is granted for the purpose of the following:
(i) The Local Tax Enabling Act.
(ii) Article III of the Tax Reform Code of 1971.
(iii) Article IV of the Tax Reform Code of 1971.
(iv) The Taxpayer Relief Act.
Section 2. This act shall take effect immediately.
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