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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, FONTANA, ORIE, FOLMER, BREWSTER, SOLOBAY, YAW, VOGEL, ERICKSON, SCARNATI, BOSCOLA, PIPPY, MENSCH, TOMLINSON, COSTA, D. WHITE, EARLL, GREENLEAF, PICCOLA, BRUBAKER AND WAUGH, JANUARY 26, 2011 |
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| REFERRED TO FINANCE, JANUARY 26, 2011 |
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| AN ACT |
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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," in inheritance tax, further providing for the |
11 | imposition of tax, for the rate of inheritance and for |
12 | returns. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 2106 of the act of March 4, 1971 (P.L.6, |
16 | No.2), known as the Tax Reform Code of 1971, added August 4, |
17 | 1991 (P.L.97, No.22), is amended to read: |
18 | Section 2106. Imposition of Tax.--(a) An inheritance tax |
19 | for the use of the Commonwealth is imposed upon every transfer |
20 | subject to tax under this article at the rates specified in |
21 | section 2116. |
22 | (b) This section shall not apply to the estates of decedents |
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1 | dying on or after January 1, 2019. |
2 | Section 2. Section 2116(a) of the act, amended May 24, 2000 |
3 | (P.L.106, No.23), is amended to read: |
4 | Section 2116. Inheritance Tax.--(a) (1) Inheritance tax |
5 | upon the transfer of property passing to or for the use of any |
6 | of the following shall be at the rate of four and one-half per |
7 | cent[:] for estates of decedents dying before January 1, 2012; |
8 | at the rate of two and one-half per cent for estates of |
9 | decedents dying on or after January 1, 2012, and before January |
10 | 1, 2013; and at the rate of one-half per cent for estates of |
11 | decedents dying on or after January 1, 2013, and before January |
12 | 1, 2014; and at the rate of zero per cent for estates of |
13 | decedents dying after January 1, 2014: |
14 | (i) grandfather, grandmother, father, mother, except |
15 | transfers under subclause (1.2), and lineal descendants; or |
16 | (ii) wife or widow and husband or widower of a child. |
17 | (1.1) Inheritance tax upon the transfer of property passing |
18 | to or for the use of a husband or wife shall be: |
19 | (i) At the rate of three per cent for estates of decedents |
20 | dying on or after July 1, 1994, and before January 1, 1995. |
21 | (ii) At a rate of zero per cent for estates of decedents |
22 | dying on or after January 1, 1995. |
23 | (1.2) Inheritance tax upon the transfer of property from a |
24 | child twenty-one years of age or younger to or for the use of a |
25 | natural parent, an adoptive parent or a stepparent of the child |
26 | shall be at the rate of zero per cent. |
27 | (1.3) Inheritance tax upon the transfer of property passing |
28 | to or for the use of a sibling shall be at the rate of twelve |
29 | per cent[.] for estates of decedents dying before January 1, |
30 | 2012; at the rate of ten per cent for estates of decedents dying |
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1 | on or after January 1, 2012, and before January 1, 2013; at the |
2 | rate of eight per cent for estates of decedents dying on or |
3 | after January 1, 2013, and before January 1, 2014; at the rate |
4 | of six per cent for estates of decedents dying on or after |
5 | January 1, 2014, and before January 1, 2015; at the rate of four |
6 | per cent for estates of decedents dying on or after January 1, |
7 | 2015, and before January 1, 2016; at the rate of two per cent |
8 | for estates of decedents dying on or after January 1, 2016, and |
9 | before January 1, 2017; and at the rate of zero per cent for |
10 | estates of decedents dying on or after January 1, 2017. |
11 | (2) Inheritance tax upon the transfer of property passing to |
12 | or for the use of all persons other than those designated in |
13 | subclause (1), (1.1), (1.2) or (1.3) or exempt under section |
14 | 2111(m) shall be at the rate of fifteen per cent[.] for estates |
15 | of decedents dying before January 1, 2012; at the rate of |
16 | thirteen percent for estates of decedents dying on or after |
17 | January 1, 2012, and before January 1, 2013, at the rate of |
18 | eleven per cent for estates of decedents dying on or after |
19 | January 1, 2013, and before January 1, 2014; at the rate of nine |
20 | per cent for estates of decedents dying on or after January 1, |
21 | 2014, and before January 1, 2015; at the rate of seven per cent |
22 | for estates of decedents dying on or after January 1, 2015, and |
23 | before January 1, 2016; at the rate of five per cent for estates |
24 | of decedents dying on or after January 1, 2016, and before |
25 | January 1, 2017; at the rate of three per cent for estates of |
26 | decedents dying on or after January 1, 2017, and before January |
27 | 1, 2018; at the rate of one per cent for estates of decedents |
28 | dying on or after January 1, 2018, and before January 1, 2019; |
29 | and at the rate of zero per cent for estates of decedents dying |
30 | on or after January 1, 2019. |
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1 | (3) When property passes to or for the use of a husband and |
2 | wife with right of survivorship, one of whom is taxable at a |
3 | rate lower than the other, the lower rate of tax shall be |
4 | applied to the entire interest. |
5 | * * * |
6 | Section 3. Section 2136 of the act is amended by adding a |
7 | subsection to read: |
8 | Section 2136. Returns.--* * * |
9 | (g) This section shall not apply to the estates of decedents |
10 | dying on or after January 1, 2019, except as referenced by |
11 | section 2145. |
12 | Section 4. This act shall take effect immediately. |
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