PRINTER'S NO. 928
No. 851 Session of 1979
INTRODUCED BY D. S. HAYES, BOWSER AND GLADECK, MARCH 27, 1979
REFERRED TO COMMITTEE ON FINANCE, MARCH 27, 1979
AN ACT
1 Amending the act of June 15, 1961 (P.L.373, No.207), entitled
2 "An act providing for the imposition of certain taxes upon
3 the transfer of property passing from a decedent who was a
4 resident of the Commonwealth at the time of his death or
5 presumed death and of property having its situs in the
6 Commonwealth of a decedent who was a nonresident of the
7 Commonwealth at the time of his death or presumed death;
8 imposing additional taxes to equal Federal Estate Tax
9 Credits; defining and taxing certain transfers made in
10 contemplation of death, or to take effect in possession or
11 enjoyment at or after death; defining as a transfer and
12 taxing the right of survivorship in certain property as to
13 which such right exists; defining and exempting from tax,
14 transfers to certain persons or for certain purposes or of
15 certain property; providing for the valuation of property and
16 interests in property, the transfer of which is subject to
17 tax; defining and allowing deductions from the value of
18 property, the transfer of which is subject to tax; providing
19 for the persons ultimately liable for taxes in the absence of
20 a direction by the decedent to the contrary; providing for
21 the reporting of transfers and collection of taxes; imposing
22 penalties upon banks or other financial institutions for
23 failure to give notice to the Department of Revenue of the
24 death of a party to a joint or trust deposit therein and upon
25 persons who fail to file tax returns and documents; providing
26 for the compromise of taxes in the case of alleged
27 nonresidents of the Commonwealth; making it unlawful for any
28 person to make a false return or report; providing for liens
29 upon real property, the transfer of which is subject to tax,
30 and release thereof; authorizing the Secretary of Revenue to
31 bring suits in other jurisdictions for the collection of
32 taxes, and authorizing officials of other jurisdictions to
33 bring suits in the Commonwealth for the collection of death
34 taxes imposed by their jurisdictions; providing for the
35 refund of taxes to which the Commonwealth is not rightfully
1 or equitably entitled; providing for appeals and protests
2 from the imposition of taxes; regulating the entry into safe
3 deposit boxes of a decedent by certain persons, and providing
4 penalties; dealing with the jurisdiction, powers and
5 procedure of the orphans' court, Secretary of Revenue,
6 Department of Revenue, Attorney General, and register of
7 wills in matters relating to taxes; and citing certain acts
8 for repeal," providing for the exclusion from taxation of
9 certain transfers to a surviving sibling.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of June 15, 1961 (P.L.373, No.207), known
13 as the "Inheritance and Estate Tax Act of 1961," is amended by
14 adding a section to read:
15 Section 317. Siblings.--Transfers to or for use of a sibling
16 of a homestead are exempt from inheritance tax. Such exemption
17 shall be available only once during the lifetime of any
18 transferee. As used in this section "homestead" means real
19 property containing not more than three (3) residential units
20 that has been the principal residence of the decedent and the
21 transferee for at least the five (5) year period immediately
22 preceding the death of the decedent.
23 Section 2. This act shall take effect immediately and shall
24 apply to:
25 (1) The estates of all decedents dying on or after the date
26 60 days from the date of final enactment of this amendatory act.
27 (2) Inter vivos transfers made by decedents dying on or
28 after the date 60 days from the date of final enactment of this
29 amendatory act.
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