SB 396 Pennsylvania Senate · 2025-2026 Regular Session

An Act amending the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, in personal income tax, further providing for definitions, providing for elective tax imposed at pass-through entity level and further providing for taxability of partners and for income of a Pennsylvania S corporation.

SB 396 allows Pennsylvania-based partnerships and S corporations to elect to pay state income tax at the business level instead of having owners pay tax on their share of income. Under this change, eligible businesses (like partnerships with PA owners or S corps with PA shareholders) can pay tax on their income using standard personal income tax rates, and owners then receive a refundable credit against their personal tax bill for their share of the business tax paid. The bill creates new filing requirements for these entities and specifies how income sources within Pennsylvania are taxed. This directly affects pass-through businesses and their owners by shifting the tax payment point while maintaining the same overall tax burden.
Bill status in committee 1 of 4 stages cleared
Introduction
Mar 2025
Committee Review
Floor Vote
Governor
Introduced Mar 6, 2025 Last action Apr 2, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Printer's No. PN0343 Printer's No. PN0508 · 7 edits
MODERATE
This bill version adds detailed rules for pass-through entities electing to pay tax at the entity level, including specific filing deadlines, credit calculation methods, and amended return procedures. It also clarifies definitions for taxable owners to include grantors of trusts and adjusts effective dates for certain tax provisions.
Scope change
The bill now explicitly defines when and how pass-through entities can elect to be taxed at the entity level, including specific deadlines for making elections and filing amended returns.
REQUIREMENT

Added detailed requirements for electing pass-through entities to file returns and pay taxes by specific deadlines, including a 90-day window after the effective date or the tax return due date.

Added rules requiring pass-through entities to provide taxable owners with statements within 90 days, with penalties for late submission.

Added provisions allowing taxable owners to claim credits on amended returns filed within 180 days of the effective date, with specific rules for consolidated returns.

DEFINITION

Modified the definition of 'taxable owner' to include grantors of trusts or other persons taxable on trust income under Section 302(C) for tax years beginning after 2024.

TIMELINE

Modified effective dates for certain amendments, with Section 302.3 additions applying to tax years beginning in 2023 and 2024, while other amendments apply to years after December 31, 2022.

ENFORCEMENT

Added authority for the department to assess tax adjustments within 12 months of filing amended returns, with specific limitations on what can be adjusted if the statute of limitations has expired.

Added protection against interest and penalties for pass-through entities that act in good faith when making estimated tax payments under the new provisions.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
2
Amendments
1
Apr 2, 2025
Committee
Re-referred to Appropriations
upper
Apr 1, 2025
Upper · Passed
Reported as amended
upper
Mar 6, 2025
Committee
Referred to Finance
upper
1 primary · 3 co-sponsors

Sponsors