PRINTER'S NO. 824 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.820 Session of 2025 INTRODUCED BY SAPPEY, WAXMAN, GUENST, KENYATTA, PIELLI, MALAGARI, KHAN, GIRAL, PROBST, SANCHEZ, NEILSON, HOWARD, SAMUELSON, FREEMAN, DAVIDSON, CIRESI, OTTEN, CERRATO AND D. WILLIAMS, MARCH 3, 2025 REFERRED TO COMMITTEE ON FINANCE, MARCH 3, 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 tax credit and tax benefit administration, further providing for definitions; and providing for working Pennsylvanians tax credit. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definition of "tax credit" in section 1701- A.1 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended by adding a paragraph to read: Section 1701-A.1. Definitions. The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise: * * * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "Tax credit." A tax credit authorized under any of the following: * * * (8.2) Article XVIII-I. * * * Section 2. The act is amended by adding an article to read: ARTICLE XVIII-I WORKING PENNSYLVANIANS TAX CREDIT Section 1801-I. Scope of article. This article relates to the working Pennsylvanians tax credit. Section 1802-I. Definitions. The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Department." The Department of Revenue of the Commonwealth. "Federal earned income tax credit." The earned income tax credit provided under 26 U.S.C. ยง 32 (relating to earned income). "Qualified taxpayer." A taxpayer eligible to receive a tax credit under section 1804-I. "Tax credit." The working Pennsylvanians tax credit provided under this article. "Tax liability." Tax liability under Article III. "Taxpayer." An individual subject to the tax under Article III. Section 1803-I. Working Pennsylvanians tax credit. (a) Application of tax credit.--A qualified taxpayer may apply the tax credit against the qualified taxpayer's tax liability. 20250HB0820PN0824 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (b) Spouses who file separately.--In the case of spouses who are both eligible to receive the tax credit and who file a joint Federal tax return but who elect to determine their taxes separately, the tax credit may only be used by the spouse with the greater tax otherwise due, computed without regard to the tax credit. (c) Amount of tax credit.--The tax credit shall be equal to 30% of the Federal earned income tax credit received by the taxpayer for the same taxable year. (d) Credit refundable.--If the amount of credit which the qualified taxpayer is eligible to receive under this section exceeds the qualified taxpayer's tax liability, the department shall refund the excess amount to the qualified taxpayer. Section 1804-I. Eligibility. A taxpayer is eligible to receive a tax credit if the taxpayer claimed the Federal earned income tax credit during the same taxable year. Section 1805-I. Regulations. (a) Rules and regulations.--The department may promulgate rules and regulations to administer and enforce this article. (b) Guidelines.--The department may develop written guidelines for the implementation of this article. The guidelines shall be in effect until the department promulgates rules and regulations for the implementation of the provisions of this article. Section 1806-I. Applicability. This article shall apply to taxable years beginning after December 31, 2024. Section 3. This act shall take effect immediately. 20250HB0820PN0824 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29