PRIOR PRINTER'S NO. 3249                      PRINTER'S NO. 4243

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2469 Session of 1996


        INTRODUCED BY SCHRODER, E. Z. TAYLOR, FICHTER, GODSHALL, STERN,
           STISH, HERMAN, LAWLESS, SAYLOR, DENT, BELARDI, GEIST,
           MANDERINO, CURRY, STURLA, J. TAYLOR, BAKER, TRELLO, McGEEHAN,
           DeLUCA, COY, BOSCOLA, L. I. COHEN, RUDY, VEON, TANGRETTI,
           LEDERER, WALKO, OLASZ, BROWNE, RAMOS, MERRY AND BELFANTI,
           MARCH 15, 1996

        AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
           AS AMENDED, NOVEMBER 18, 1996

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," excluding unreimbursed child and dependent care
    11     expenses from compensation.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 303(a)(1) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  March 13, 1974 (P.L.179, No.32), is amended to read:
    17     Section 303.  Classes of Income.--(a)  The classes of income
    18  referred to above are as follows:
    19     (1)  Compensation. (i)  All salaries, wages, commissions,
    20  bonuses and incentive payments whether based on profits or

     1  otherwise, fees, tips and similar remuneration received for
     2  services rendered whether directly or through an agent and
     3  whether in cash or in property except income derived from the
     4  United States Government for active duty outside the
     5  Commonwealth of Pennsylvania as a member of its armed forces.
     6     (ii)  Notwithstanding any other provision of this act,
     7  unreimbursed child and dependent care expenses which are used in
     8  calculating the Federal child and dependent care credit in
     9  accordance with section 21 of the Internal Revenue Code of 1986
    10  (Public Law 99-514, 26 U.S.C. § 1 et seq.) shall be excluded
    11  from the definition of the term "compensation." The maximum
    12  amount of child and dependent care expenses which are excludable
    13  from compensation shall not exceed the amount specified in
    14  section 21(c)(1) and (2) of the Internal Revenue Code of 1986.
    15     (iii)  Any taxpayer who may exclude from compensation child
    16  and dependent care expenses in accordance with subclause (ii)
    17  must submit a copy of the requisite Federal tax form on which
    18  the child and dependent care expenses are claimed when filing
    19  the State personal income tax return.
    20     * * *
    21     Section 2.  This act shall apply to the tax year beginning
    22  January 1, 1996 1997, and each tax year thereafter.               <--
    23     Section 3.  This act shall take effect immediately.





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