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                                                      PRINTER'S NO. 1240

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1094 Session of 1999


        INTRODUCED BY E. Z. TAYLOR, FAIRCHILD, SCHRODER, BOYES, LYNCH,
           FICHTER, RUBLEY, HUTCHINSON, SOLOBAY, READSHAW, WOJNAROSKI,
           MARKOSEK, PETRARCA, STABACK, FLICK, SHANER, ZUG, CLARK,
           McILHATTAN, METCALFE, LEH, GANNON, CALTAGIRONE, COSTA, MAJOR,
           TRAVAGLIO, SEYFERT, ROHRER, YOUNGBLOOD, HERMAN, HERSHEY,
           BENNINGHOFF, MAHER, BEBKO-JONES, SCHULER, BARD, TRELLO,
           SERAFINI, DeLUCA, ADOLPH, McILHINNEY, WILT, PIPPY, DAILEY,
           PESCI, SATHER, ZIMMERMAN, FARGO, KAISER, SAINATO, STEVENSON,
           CIVERA, GEORGE, CAWLEY, THOMAS, MARSICO, LAUGHLIN, B. SMITH,
           BAKER, COLAFELLA, SAYLOR, FORCIER, ROBERTS, ORIE, GEIST,
           PHILLIPS, SCRIMENTI, L. I. COHEN, WOGAN, LUCYK, S. MILLER,
           HASAY, CORRIGAN, RAMOS AND WILLIAMS, MARCH 24, 1999

        REFERRED TO COMMITTEE ON FINANCE, MARCH 24, 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 the inheritance tax.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2116(a) of the act of March 4, 1971
    14  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    15  June 16, 1994 (P.L.279, No.48) and June 30, 1995 (P.L.139,
    16  No.21), is amended to read:
    17     Section 2116.  Inheritance Tax.--(a)  (1)  Inheritance tax

     1  upon the transfer of property passing to or for the use of any
     2  of the following shall be at the rate of six per cent:
     3     (i)  grandfather, grandmother, father, mother and lineal
     4  descendants; or
     5     (ii)  wife or widow and husband or widower of a child[.]
     6     (iii)  nephew or niece; or
     7     (iv)  brother or sister.
     8     (1.1)  Inheritance tax upon the transfer of property passing
     9  to or for the use of a husband or wife shall be:
    10     (i)  At the rate of three per cent for estates of decedents
    11  dying on or after July 1, 1994, and before January 1, 1995.
    12     (ii)  At a rate of zero per cent for estates of decedents
    13  dying on or after January 1, 1995.
    14     (2)  Inheritance tax upon the transfer of property passing to
    15  or for the use of all persons other than those designated in
    16  subclause (1) or (1.1) or exempt under section 2111(m) shall be
    17  at the rate of fifteen per cent.
    18     (3)  When property passes to or for the use of a husband and
    19  wife with right of survivorship, one of whom is taxable at a
    20  rate lower than the other, the lower rate of tax shall be
    21  applied to the entire interest.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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