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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WARD, D. WHITE, BRUBAKER, ERICKSON, ROBBINS, FOLMER, M. WHITE, TARTAGLIONE, WOZNIAK, SMUCKER, RAFFERTY, BREWSTER, COSTA, McILHINNEY, SOLOBAY AND VOGEL, SEPTEMBER 4, 2012 |
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| REFERRED TO FINANCE, SEPTEMBER 4, 2012 |
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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," further providing for 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 May |
15 | 24, 2000 (P.L.106, No.23), is amended to read: |
16 | Section 2116. Inheritance Tax.--(a) (1) Inheritance tax |
17 | upon the transfer of property passing to or for the use of [any |
18 | of the following shall be at the rate of four and one-half per |
19 | cent: |
20 | (i) grandfather, grandmother, father, mother, except |
21 | transfers under subclause (1.2), and lineal descendants; or |
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1 | (ii) wife or widow and husband or widower of a child.] a |
2 | grandfather, grandmother, father, mother, except transfers under |
3 | subclause (1.2), lineal descendants, wife or widow and husband |
4 | or widower of a child shall be at the rate provided in the |
5 | following schedule: |
6 | (i) Four and one-half per cent for the estate of a decedent |
7 | dying before or during calendar year 2012. |
8 | (ii) Two per cent for the estate of a decedent dying during |
9 | calendar year 2013. |
10 | (iii) Zero per cent for the estate of a decedent dying |
11 | during or after calendar year 2014. |
12 | (1.1) Inheritance tax upon the transfer of property passing |
13 | to or for the use of a husband or wife shall be: |
14 | (i) At the rate of three per cent for estates of decedents |
15 | dying on or after July 1, 1994, and before January 1, 1995. |
16 | (ii) At a rate of zero per cent for estates of decedents |
17 | dying on or after January 1, 1995. |
18 | (1.2) Inheritance tax upon the transfer of property from a |
19 | child twenty-one years of age or younger to or for the use of a |
20 | natural parent, an adoptive parent or a stepparent of the child |
21 | shall be at the rate of zero per cent. |
22 | (1.3) Inheritance tax upon the transfer of property passing |
23 | to or for the use of a sibling shall be at the rate [of twelve |
24 | per cent.] provided in the following schedule: |
25 | (i) Twelve per cent for the estate of a decedent dying |
26 | before or during calendar year 2012. |
27 | (ii) Nine per cent for the estate of a decedent dying during |
28 | calendar year 2013. |
29 | (iii) Six per cent for the estate of a decedent dying during |
30 | calendar year 2014. |
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1 | (iv) Three per cent for the estate of a decedent dying |
2 | during calendar year 2015. |
3 | (v) Zero percent for the estate of a decedent dying during |
4 | or after calendar year 2016. |
5 | (2) Inheritance tax upon the transfer of property passing to |
6 | or for the use of all persons other than those designated in |
7 | subclause (1), (1.1), (1.2) or (1.3) or exempt under section |
8 | 2111(m) shall be at the rate [of fifteen per cent.] provided in |
9 | the following schedule: |
10 | (i) Fifteen per cent for the estate of a decedent dying |
11 | before or during calendar year 2013. |
12 | (ii) Twelve per cent for the estate of a decedent dying |
13 | during calendar year 2014. |
14 | (iii) Nine per cent for the estate of a decedent dying |
15 | during calendar year 2015. |
16 | (iv) Six per cent for the estate of a decedent dying during |
17 | calendar year 2016. |
18 | (v) Three per cent for the estate of a decedent dying during |
19 | calendar year 2017. |
20 | (vi) Zero per cent for the estate of a decedent dying during |
21 | or after calendar year 2018. |
22 | (3) When property passes to or for the use of a husband and |
23 | wife with right of survivorship, one of whom is taxable at a |
24 | rate lower than the other, the lower rate of tax shall be |
25 | applied to the entire interest. |
26 | * * * |
27 | Section 2. This act shall take effect immediately. |
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