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                                                      PRINTER'S NO. 1235

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1089 Session of 1997


        INTRODUCED BY HANNA, CLARK, YOUNGBLOOD, DALEY, LEH, STEELMAN,
           ITKIN, PESCI, VAN HORNE, CURRY, GEIST AND BOSCOLA,
           APRIL 2, 1997

        REFERRED TO COMMITTEE ON FINANCE, APRIL 2, 1997

                                     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 exclusions for nonprofit
    11     construction projects.

    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, is amended
    16  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  including any materials, supplies and equipment used in or
     3  becoming a permanent part of the construction, reconstruction,
     4  remodeling, repairs and maintenance of any real estate
     5  construction project: Provided, however, That the exclusion of
     6  this clause shall not apply with respect to any tangible
     7  personal property or services used in any unrelated trade or
     8  business carried on by such organization or institution [or with
     9  respect to any materials, supplies and equipment used in the
    10  construction, reconstruction, remodeling, repairs and
    11  maintenance of any real estate], except materials and supplies
    12  when purchased by such organizations or institutions for routine
    13  maintenance and repairs.
    14     * * *
    15     Section 2.  This act shall take effect in 60 days.










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