61 Pa. Code § 155.1 — Taxpayers

SUBJECTABILITY TO TAX REPORTING (a) Inclusions. The following entities organized and incorporated under the statutes of the Commonwealth, the United States or another state, territory, foreign country or dependency and doing business in and liable for taxation in this Commonwealth or carrying on activities in this Commonwealth, including solicitation or either owning or having capital or property employed or used in this Commonwealth by or in the name of a limited partnership or joint-stock association, company, corporation, association, copartnership, person or in another manner are taxpayers for the purpose of this article (See section 601 of the TRC (72 P. S. § 7601)): (1) Corporations having capital stock. (2) Joint-stock associations. (3) Limited partnerships, including: (i) Registered partnerships formed and existing under the act of May 9, 1899 (P. L. 261, No. 153) (59 P. S. § § 241—311) prior to January 1, 1971, the effective date of its repeal by section 1203(e)(2) of the Business Corporation Law (15 P. S. § 2203(e)(2)). (ii) Partnership associations formed and existing under the act of June 2, 1874 (P. L. 271, No. 153) (15 P. S. § § 12701—12710) prior to its repeal effective August 9, 1970, by section 14(a)(1) of the Professional Corporation Law (15 P. S. § 2914(a)(1)). (4) Professional corporations formed under the Professional Corporation Law (15 P. S. § § 2901—2914) and professional associations formed under the Professional Association Act (15 P. S. § § 12601—12619) which elect, under section 4 of the Professional Corporation Law (15 P. S. § 2904) to accept the provisons thereof. (5) Corporations having authority to issue capital stock and organized or created by or under the nonprofit corporation law of a state but which are not in fact nonprofit corporations. (6) S corporations, as provided for under section 1361 of the IRC (26 U.S.C.A. § 1361) whether or not they have made a Pennsylvania election. (7) Domestic International Sales Corporations, commonly known as DISCs, as provided for under section 991 of the IRC (26 U.S.C.A. § 991). (8) Foreign Sales Corporations, commonly known as FSC’s, as provided for under section 921 of the IRC (26 U.S.C.A. § 921). (9) General or limited partnerships formed under the statutes of the Commonwealth which elect to be governed by 59 Pa.C.S. § § 701—707 (relating to electing partnerships). (10) Cooperative associations formed under the act of June 7, 1887 (P. L. 365, No. 252) (15 P. S. § § 12001—12023). (b) Exclusions. The following entities are not taxpayers for purposes of this article (See section 601 of the TRC): (1) Massachusetts Trusts or business trusts, or common law trusts or Real Estate Investment Trusts—commonly referred to as REITs—provided for under section 856 of the IRC (26 U.S.C.A. § 856) which are not organized or created by or under the statutory law of a state. (2) First-class corporations formed under the Corporation Act of 1874 (P. L. 73, No. 32) (15 P. S. § § 3001—3411). (3) Corporations organized or created by or under the nonprofit corporation law of a state which are, in fact, nonprofit corporations. (4) Limited partnerships formed under or governed by 59 Pa.C.S. § § 501—545 (relating to the Uniform Limited Partnership Act) or the Uniform Limited Partnership Act of another state. (5) Cooperative agricultural associations formed under or governed by the Cooperative Agricultural Association Act (15 P. S. § § 12101—12135). (6) Banks, bank and trust companies, savings banks and trust companies authorized to do business under the statutes of this Commonwealth. (7) Savings associations authorized to do business under the statutes of the Commonwealth. (8) Insurance companies and title insurance companies authorized to do business under the statutes of the Commonwealth. (9) Building and loan associations authorized to do business under the statutes of the Commonwealth. (10) Agricultural credit associations formed under the act of May 25, 1933 (P. L. 1027, No. 236) (15 P. S. § § 12201—12216). (11) Credit unions formed under the Credit Union Act (15 P. S. § § 12301—12353). Authority The provisions of this § 155.1 issued under section 270 of the Tax Reform Code of 1971 (72 P. S. § 7270); amended under section 408 of the Tax Reform Code of 1971 (72 P. S. § 7408). Source The provisions of this § 155.1 adopted July 29, 1977, effective July 30, 1977, 7 Pa.B. 2143; amended January 16, 1987, effective January 17, 1987, 17 Pa.B. 273. Immediately preceding text appears at serial pages (94423) to (94425). No part of the information on this site may be reproduced for profit or sold for profit. This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.