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"Riley Factor"

 

This article was featured in the September 2006 issue of Business Matters, the Chamber's monthly print newsletter.

 


 

Business Tax Cuts Signed Into Law

 

Governor Ed Rendell recently signed into law a number of business tax changes that were passed in conjunction with the 2006 – 2007 state budget. The following summarizes key provisions affecting business:

 

Capital Stock and Franchise Tax (SB 300):

 

·         Accelerate planned phase-out by 0.1 mill (effective January 1, 2006)

Saves business taxpayers about $21.7 million

Lowers rate to 4.89 mills (otherwise would have been 4.99 mills)

Future reductions continue to be automatic unless changed by law:

Effective rate January 1, 2007:  3.89 mills (previously 3.99 mills)

Effective January 1, 2008:  2.89 mills (vs. previous 2.99 mills)

Effective January 1, 2009:  1.89 mills (vs. 1.99 mills)

Effective January 1, 2010:  0.89 mill (vs. .99 mill)

CSFT now set to expire after 2010

 

·         Increase “capital stock value” exclusion to $150,000 (from $125,000)

Saves business taxpayers about $1.6 million

Effective January 1, 2007

 

·         Change LLC requirements

Effective January 1, 2006

Codifies current practices and federal law

Saves business taxpayers about $7.2 million

Allows LLCs to organize as Restricted Professional Corporation (RPC)

 

Corporate Net Income Tax (CNI) (HB 859):

 

·         Increase NOL cap and increase Sales Factor (effective January 1, 2007)

Increases NOL to $3 million (from $2 million)

Increases Sales Factor to 70% (from 60%)

Saves business taxpayers about $35.1 million

 

Inheritance Tax (SB 300):

 

·         Reduce (by 50%) the farmland valuation for Inheritance Tax purposes

Saves taxpayers about $100,000

Applies to valuations within agricultural conservation easements

Effective July 1, 2006

 

Personal Income Tax (SB 300):

 

·         Apply Federal S Corporation status to Pennsylvania Subchapter S Corps

Saves taxpayers about $1.1 million

Effective January 1, 2006

Automatic unless 100% of shareholders elect otherwise

Increases maximum number of shareholders allowed from 75 to 100

 

·         Conform Pennsylvania Health Savings Accounts (HSA) and Medical Savings Accounts (MSA) to current federal law (effective January 1, 2006)

Saves about $4 million

Excludes HSA contributions from Personal Income Tax

 

·         Make TAP contributions, rollovers, earnings, and distributions deductible

Saves about $25 million (effective January 1, 2006)

Applies to 529 Plans (TAP)

Current law exempts only earnings and distributions

 

Sales ands Use Tax:

 

·         Extend manufacturing exemption to “clean rooms” (HB 859)

Locations with self-contained, sealed environments with controlled closed air systems independent of the general environmental systems

Typically hi-tech production:  silicon chips, hard disk drives, etc.

 

·         Exempt “Investment Metal Bullion” and “Investment Coins” (SB 300):

Saves about $2 million in taxes

Effective in 60 days

 

Tax Credits:

 

·         Research & Development Tax Credit; Small Business set-aside (HB 859)

Saves business taxpayers about $10 million (effective July 1, 2006)

Increases R & D credits allowed to $40 million (from $30 million)

Increases small business R & D expenses to 20% (from 10%)

Increases small business set-aside to $8 million (from $6 million)

Extends sunset date from December 31, 2006 to December 31, 2015

 

·         Increase Educational Improvement Tax Credit (EITC) by $10 million (total $54 million per year)

 

Total estimated tax savings: $119.7 million (2006 – 2007) and $195.9 million (2007 – 2008).

 

These business tax reductions are a good step forward in improving Pennsylvania’s business tax structure.  Good step, but there still is a long way to go!  The Greater Reading Chamber of Commerce & Industry will continue working with our elected officials to improve the overall business climate and improve our economic positioning, step by step.

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