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Highlights of 2006 PA Tax Legislation Includes Deduction for Contributions to Section 529 Plans
 

December 18, 2006--

Personal Income Tax Changes

The new law gives Pennsylvania taxpayers a state personal income tax deduction for contributions of up to $12,000 a year per beneficiary to any IRC Section 529 tuition savings plan, including those offered by other states, and provides a state tax exemption for distributions from qualified tuition savings plans.

The provision, which is retroactive to Jan. 1, amounts to a $25 million tax break for Pennsylvania families saving for college.

Under another provision of the new law that is retroactive to Jan. 1, taxpayers can take a state personal income tax deduction for their contributions to health savings accounts and do not have to report employer contributions as income.

The accounts permit consumers to contribute a percentage of salary to help pay for future qualified purchases of medical and health care services and products. The state income tax deduction is capped at the maximum level allowed under federal law.

Business Tax Changes

The bill also pares business taxes in fiscal year 2007 by a total of $249 million by speeding up the phase-out of Pennsylvania’s capital stock and franchise tax. The tax will be eliminated in 2011 under the timetable now in effect.

The new law reduces the rate by 0.1 mills, to 4.89 mills, retroactive to Jan. 1. Future cuts will further trim the rate to 3.89 mills for tax year 2007, 2.89 mills for tax year 2008, 1.89 mills for tax year 2009, and 0.89 mills for tax year 2010.

Also included in the new law is a provision to ensure that a corporation that elects S corporation tax status for federal tax purposes is automatically treated as an S corporation for Pennsylvania state tax purposes, unless all its shareholders elect not to be taxed as a Pennsylvania S corporation.

Prior to this law, Pennsylvania had been one of only a few states that required a separate S corporation election for federal and state tax purposes, a quirk in the law that sometimes results in unsuspecting small businesses paying taxes at a rate of 9.99 percent rather than the S corporation rate of 3.07 percent.

For more information, contact Gene Ciociola at 215-564-1900.

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