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                                                       PRINTER'S NO. 569

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 536 Session of 1989


        INTRODUCED BY FUMO, MUSTO, FISHER, SHUMAKER, STOUT, RHOADES,
           LYNCH, STEWART, O'PAKE, PECORA, HELFRICK, ANDREZESKI AND
           PORTERFIELD, FEBRUARY 15, 1989

        REFERRED TO FINANCE, FEBRUARY 15, 1989

                                     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 exclusion from sales and
    11     use tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 204(1) 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     (1)  The sale at retail or use of tangible personal property
    20  (other than motor vehicles, trailers, semi-trailers, motor
    21  boats, aircraft or other similar tangible personal property
    22  required under either Federal law or laws of this Commonwealth

     1  to be registered or licensed) or services sold by or purchased
     2  from a person not a vendor in an isolated transaction or sold by
     3  or purchased from a person who is a vendor but is not a vendor
     4  with respect to the tangible personal property or services sold
     5  or purchased in such transaction: Provided, That inventory and
     6  stock in trade so sold or purchased, shall not be excluded from
     7  the tax by the provisions of this subsection. Isolated
     8  transactions include sales of tangible personal property or
     9  services
    10     (i)  By a group which supports, benefits, enhances and
    11  encourages the purposes of a specific charitable organization
    12  and which is sponsored by or affiliated with the organization,
    13  regardless of the number of sales and the number of days on
    14  which sales occur in any year; and
    15     (ii)  By a group which supports, benefits, enhances and
    16  encourages the purposes of a nonprofit educational institution
    17  and which is sponsored by or affiliated with the institution,
    18  regardless of the number of sales and the number of days on
    19  which sales occur in any year.
    20     * * *
    21     Section 2.  This act shall take effect immediately.






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