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                                                       PRINTER'S NO. 559

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 535 Session of 1999


        INTRODUCED BY CORRIGAN, READSHAW, MAYERNIK, FLICK, PESCI,
           STABACK, GIGLIOTTI, WALKO, LAUGHLIN, SERAFINI, MELIO AND
           TANGRETTI, FEBRUARY 10, 1999

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 10, 1999

                                     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," further providing for exemptions from the retail
    11     sales tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 204(10) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  April 23, 1998 (P.L.239, No.45), is amended to read:
    17     Section 204.  Exclusions from Tax.--The tax imposed by
    18  section 202 shall not be imposed upon
    19     * * *
    20     (10)  The sale at retail to or use by (i) any charitable
    21  organization, volunteer firemen's organization or nonprofit
    22  educational institution, or (ii) a religious organization for

     1  religious purposes of tangible personal property or services
     2  [other than pursuant to a construction contract] , including any
     3  materials, supplies and equipment used in the construction,
     4  reconstruction, remodeling, repairs and maintenance of any real
     5  estate, and all materials and supplies when purchased by such
     6  organizations or institutions for routine maintenance and
     7  repairs: Provided, however, That the exclusion of this clause
     8  shall not apply with respect to any tangible personal property
     9  or services used in any unrelated trade or business carried on
    10  by such organization or institution [or with respect to any
    11  materials, supplies and equipment used and transferred to such
    12  organization or institution in the construction, reconstruction,
    13  remodeling, renovation, repairs and maintenance of any real
    14  estate structure, other than building machinery and equipment,
    15  except materials and supplies when purchased by such
    16  organizations or institutions for routine maintenance and
    17  repairs].
    18     * * *
    19     Section 2.  This act shall take effect immediately.








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