PRIOR PRINTER'S NO. 2511                      PRINTER'S NO. 2811

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1952 Session of 1975


        INTRODUCED BY MESSRS. GARZIA, MILLIRON AND DOYLE,
           NOVEMBER 25, 1975

        AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
           AS AMENDED, FEBRUARY 24, 1976

                                     AN ACT

     1  Amending the act of December 31, 1965 (P.L.1257, No.511),
     2     entitled "An act empowering cities of the second class,
     3     cities of the second class A, cities of the third class,
     4     boroughs, towns, townships of the first class, townships of
     5     the second class, school districts of the second class,
     6     school districts of the third class and school districts of
     7     the fourth class including independent school districts, to
     8     levy, assess, collect or to provide for the levying,
     9     assessment and collection of certain taxes subject to maximum
    10     limitations for general revenue purposes; authorizing the
    11     establishment of bureaus and the appointment and compensation
    12     of officers, agencies and employes to assess and collect such
    13     taxes; providing for joint collection of certain taxes,
    14     prescribing certain definitions and other provisions for
    15     taxes levied and assessed upon earned income, providing for
    16     annual audits and for collection of delinquent taxes, and
    17     permitting and requiring penalties to be imposed and
    18     enforced, including penalties for disclosure of confidential
    19     information, providing an appeal from the ordinance or
    20     resolution levying such taxes to the court of quarter
    21     sessions and to the Supreme Court and Superior Court,"
    22     further excluding certain income from earned income taxation.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section THE INTRODUCTORY PARAGRAPH OF SECTION 2,   <--
    26  act of December 31, 1965 (P.L.1257, No.511), known as "The Local
    27  Tax Enabling Act," amended December 13, 1974 (P.L.941, No.310),


     1  is amended by adding a clause to read:                            <--
     2     Section 2.  Delegation of Taxing Powers and Restrictions
     3  Thereon.--The duly constituted authorities of the following
     4  political subdivisions, cities of the second class, cities of
     5  the second class A, cities of the third class, boroughs, towns,
     6  townships of the first class, townships of the second class,
     7  school districts of the second class, school districts of the
     8  third class, and school districts of the fourth class, in all
     9  cases including independent school districts, may, in their
    10  discretion, by ordinance or resolution, for general revenue
    11  purposes, levy, assess and collect or provide for the levying,
    12  assessment and collection of such taxes as they shall determine
    13  on persons, transactions, occupations, privileges, subjects and
    14  personal property within the limits of such political
    15  subdivisions, and upon the transfer of real property, or of any
    16  interest in real property, situate within the political
    17  subdivision levying and assessing the tax, regardless of where
    18  the instruments making the transfers are made, executed or
    19  delivered or where the actual settlements on such transfer take
    20  place. The taxing authority may provide that the transferee
    21  shall remain liable for any unpaid realty transfer taxes imposed
    22  by virtue of this act. Each local taxing authority may, by
    23  ordinance or resolution, exempt any person whose total income
    24  from all sources is less than three thousand two hundred dollars
    25  ($3,200) per annum from the per capita or similar head tax,
    26  occupation tax and occupational privilege tax, OR EARNED INCOME   <--
    27  TAX, or any portion thereof, and may adopt regulations for the
    28  processing of claims for exemptions. Such local authorities
    29  shall not have authority by virtue of this act:
    30     * * *
    19750H1952B2811                  - 2 -

     1     (11)  To levy, assess and collect any earned income tax or     <--
     2  wage tax on the income of individuals who receive Social
     3  Security benefits if such income does not exceed their Social
     4  Security benefits by more than three thousand two hundred
     5  dollars ($3,200).
     6     Section 2.  This act shall take effect immediately. and apply  <--
     7  to the tax year 1975 and each year thereafter.
















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