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                                                      PRINTER'S NO. 1798

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1442 Session of 2003


        INTRODUCED BY TURZAI, BAKER, BEBKO-JONES, BUNT, CAPPELLI,
           CRAHALLA, CREIGHTON, DeWEESE, J. EVANS, GERGELY, HARHAI,
           HENNESSEY, LAUGHLIN, LEH, MAHER, MARSICO, METCALFE,
           R. MILLER, O'NEILL, PICKETT, READSHAW, REICHLEY, SAINATO,
           SATHER, SHANER, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR,
           THOMAS AND WATSON, MAY 13, 2003

        REFERRED TO COMMITTEE ON FINANCE, MAY 13, 2003

                                     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 imposition of sales and
    11     use tax on certain services.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201(k)(3)(i) and (o)(3) of the act of
    15  March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
    16  1971, amended May 7, 1997 (P.L.85, No.7), are amended to read:
    17     Section 201.  Definitions.--The following words, terms and
    18  phrases when used in this Article II shall have the meaning
    19  ascribed to them in this section, except where the context
    20  clearly indicates a different meaning:


     1     * * *
     2     (k)  "Sale at retail."
     3     * * *
     4     (3)  The rendition for a consideration of the service of[--]
     5  the following:
     6     (i)  [Washing, cleaning, waxing] Waxing, polishing or
     7  lubricating of motor vehicles of another, whether or not any
     8  tangible personal property is transferred in conjunction
     9  therewith[; and]. As used in this section, waxing and polishing
    10  does not refer to wax or polish applied by aspiration or spray
    11  process in a conveyor tunnel or automatic or self-service car
    12  wash facility.
    13     * * *
    14     (o)  "Use."
    15     * * *
    16     (3)  The obtaining by a purchaser of the services of (i)
    17  [washing, cleaning,] waxing, polishing or lubricating of motor
    18  vehicles whether or not any tangible personal property is
    19  transferred to the purchaser in conjunction with such services,
    20  and (ii) inspecting motor vehicles pursuant to the mandatory
    21  requirements of "The Vehicle Code."
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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