PRINTER'S NO. 174 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.217 Session of 2025 INTRODUCED BY KUTZ, HAMM, JAMES, KUZMA, MARCELL, KAUFFMAN, M. BROWN, HANBIDGE, CUTLER, GROVE, ROWE, GALLAGHER, SCIALABBA, KEPHART, M. JONES, TWARDZIK, STAMBAUGH, LAWRENCE, RYNCAVAGE, STRUZZI AND ZIMMERMAN, JANUARY 22, 2025 REFERRED TO COMMITTEE ON FINANCE, JANUARY 22, 2025 AN ACT Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An act relating to tax reform and State taxation by codifying and enumerating certain subjects of taxation and imposing taxes thereon; providing procedures for the payment, collection, administration and enforcement thereof; providing for tax credits in certain cases; conferring powers and imposing duties upon the Department of Revenue, certain employers, fiduciaries, individuals, persons, corporations and other entities; prescribing crimes, offenses and penalties," in personal income tax, further providing for classes of income. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 303(a)(2) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended to read: Section 303. Classes of Income.--(a) The classes of income referred to above are as follows: * * * (2) Net profits or net loss. The net income from the operation of a business, profession, or other activity, after 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 provision for all costs and expenses incurred in the conduct thereof, determined either on a cash or accrual basis in accordance with accepted accounting principles and practices but without deduction of taxes based on income. For purposes of calculating net income under this paragraph, to the extent a taxpayer properly deducts an amount under [ section 195(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. § 195(b)(1)(A)) ] 26 U.S.C. § 195(b)(1)(A) (relating to start-up expenditures) , as amended, and the regulations promulgated under [ section 195(b) (1)(A) of the Internal Revenue Code of 1986 ] 26 U.S.C. § 195(b) (1)(A), the taxpayer shall be permitted a deduction in equal amount in the same taxable year. There shall be permitted a deduction from other classes of income equal to the net loss for the tax year. * * * Section 2. The amendment of section 303(a)(2) of the act shall apply to tax years beginning after December 31, 2025. Section 3. This act shall take effect immediately. 20250HB0217PN0174 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18