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July 10, 2006 Update...
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PA Tax Law Changes!
~ A Note from the Tax Director at Case | Sabatini ~

On July 6, 2006, Governor Edward G. Rendell signed Senate Bill 300, which enacts new Pennsylvania state tax legislation. More important aspects of the new law are set forth below.

Capital Stock and Franchise Tax
S.B. 300 changes the Pennsylvania capital stock and franchise tax in two respects. First, it revises rate schedule for phasing out the tax. In particular, for taxable years beginning in 2006, the new rate is 4.89 mills. For 2007, the new rate is 3.89 mills (2.89 mills for 2008, 1.89 mills for 2009, and 0.89 mills for 2010). The tax will be eliminated in 2011.

In addition, applicable for taxable years beginning after 2006, the capital stock valuation formula is slightly changed. The valuation exemption amount is increased from $125,000 to $150,000.

Tuition Program Contributions
Applicable to taxable years beginning after 2005, a personal income tax deduction is permitted for contributions to qualified tuition programs under Section 529. The deduction is subject to an annual federal gift tax exclusion threshold (currently, $12,000). In addition, distributions and rollovers from a qualified tuition program that are not taxable for federal purposes, and undistributed earnings on a qualified tuition program, are excluded for Pennsylvania personal income tax purposes.

Health Savings Account Contributions
In a major change to the tax law, and applicable to taxable years beginning after 2005, taxpayers may take personal income tax deductions for contributions to health savings accounts. In addition, the new law clarifies that amounts distributed from a health savings account that are includable in the gross income of an account beneficiary for federal income tax purposes are taxable for Pennsylvania tax purposes.

S Corporation Elections
In another major change to the tax law, and applicable to taxable years beginning after 2005, an S corporation for federal income tax purposes will no longer be required to file an election to be treated as a Pennsylvania S corporation. Special rules are enacted, however, for corporations that wish to terminate their elections.

In addition, the Internal Revenue Code of 1986, as amended through January 1, 2005, now applies to S corporations. Previously, the Code, as amended through January 1, 1997, applied. One significant aspect of this change is that the number of shareholders is increased from 75 to 100.

For additional guidance, or if you would like to discuss how this will affect your tax planning, please contact our firm at (412) 881-4411.  If you do not have a contact at Case | Sabatini, simply ask for Jim Dee and he'll make sure to put you in touch with the CPA whose background most closely matches your needs.


www.CaseSabatini.com

Disclaimer: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding any penalties that may be imposed, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

     
 

   
© 2006 Case | Sabatini.