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                                                       PRINTER'S NO. 578

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 535 Session of 2001


        INTRODUCED BY GODSHALL, BELARDI, BROWNE, FICHTER, FLICK, GEORGE,
           LAUGHLIN, MICOZZIE, ROBERTS, ROSS, SATHER, STABACK, TRICH,
           TULLI, C. WILLIAMS, WILT AND YOUNGBLOOD, FEBRUARY 7, 2001

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 7, 2001

                                     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," providing for a personal income tax credit for
    11     long-term care premiums paid by individuals; and imposing
    12     duties on the Secretary of the Commonwealth and the
    13     Legislative Reference Bureau.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 301 of the act of March 4, 1971 (P.L.6,
    17  No.2), known as the Tax Reform Code of 1971, amended May 7, 1997
    18  (P.L.85, No.7), is amended by adding a clause to read:
    19     Section 301.  Definitions.--The following words, terms and
    20  phrases when used in this article shall have the meaning
    21  ascribed to them in this section except where the context
    22  clearly indicates a different meaning. Unless specifically
    23  provided otherwise, any reference in this article to the

     1  Internal Revenue Code shall include the Internal Revenue Code of
     2  1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), as amended to
     3  January 1, 1997:
     4     * * *
     5     (l.3)  "Long-term care policy" means a policy for long-term
     6  care insurance as those terms are defined in section 1103 of the
     7  act of May 17, 1921 (P.L.682, No.284), known as "The Insurance
     8  Company Law of 1921."
     9     * * *
    10     Section 2.  The act is amended by adding a section to read:
    11     Section 314.1.  Long-Term Care Policy Premiums.--(a)  A
    12  resident taxpayer shall be allowed a credit against the tax
    13  imposed by this article in an amount equal to the lesser of
    14  twenty per cent of any premiums paid during the taxable year by
    15  the taxpayer for a long-term care policy for the taxpayer, the
    16  taxpayer's spouse, or both, or five hundred dollars ($500).
    17     (b)  The credit provided under this section shall not exceed
    18  the amount of the tax otherwise due under this article.
    19     Section 3.  The addition of sections 301(1.3) and 314.1 of
    20  the act shall apply to taxable years beginning after December
    21  31, 1999.
    22     Section 4.  If a constitutional amendment authorizing a
    23  personal income tax credit for long-term care premiums is
    24  ratified, the Secretary of the Commonwealth shall, immediately
    25  after tabulating and computing the returns of the ratification
    26  election, certify the result to the Legislative Reference Bureau
    27  for publication as a notice in the Pennsylvania Bulletin.
    28     Section 5.  This act shall take effect as follows:
    29         (1)  The addition of section 314.1 of the act shall take
    30     effect upon publication of the notice under section 4.
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     1         (2)  The remainder of this act shall take effect
     2     immediately.



















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