Session of 2022
No. 2022-103
HB 324
AN ACT
Amending the act of May 30, 1984 (P.L.345, No.69), entitled "An act to provide revenue
for cities of the first class by authorizing and imposing a tax on persons engaging
in certain businesses, professions, occupations, trades, vocations and commercial
activities therein; providing for its levy and collection at the option of cities
of the first class; conferring and imposing powers and duties on cities of the first
class and the collector of city taxes in such cities; and prescribing penalties,"
further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. The definition of "net operating loss" in section 2 of the act of May 30, 1984 (P.L.345,
No.69), known as the First Class City Business Tax Reform Act, is amended to read:
Section 2. Definitions.
The following words and phrases when used in this act shall have the meanings given
to them in this section unless the context clearly indicates otherwise:
* * *
"Net operating loss."
(1) In the case of a person conducting its entire business within a city of the first
class, any net losses incurred from the operation of its business as returned to and
ascertained by the Federal Government prior to giving effect to the exclusion for
dividends received and net operating loss subject to the same adjustments made applicable
to net income in this section. In the case of a person conducting its business both
within and without a city of the first class, any net operating loss incurred which
is carried forward to another tax year shall be allocated and apportioned in the same
manner as net income prior to its being deducted from apportioned and allocated net
income in the subsequent tax year. Apportionment and allocation of net operating loss
shall be based upon allocation and apportionment factors applicable to the year in
which the net operating loss was incurred.
(2) Net operating losses incurred in another tax period may be carried over for [three]
20 tax years following the year in which it was incurred. The earliest net loss shall
be carried over to the earliest taxable year to which it may be carried.
* * *
Section 2. The amendment of the definition of "net operating loss" in section 2 of the act shall
apply to net operating losses incurred in the year of enactment of this act and each
tax year thereafter.
Section 3. This act shall take effect immediately.
APPROVED--The 3rd day of November, A.D. 2022.
TOM WOLF
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 2 - ADMINISTRATIVE LAW AND PROCEDURE
Title 5 - ATHLETICS AND SPORTS
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Title 18 - CRIMES AND OFFENSES
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Title 22 - DETECTIVES AND PRIVATE POLICE
Title 27 - ENVIRONMENTAL RESOURCES
Title 32 - FORESTS, WATERS AND STATE PARKS
Title 36 - HIGHWAYS AND BRIDGES
Title 37 - HISTORICAL AND MUSEUMS
Title 38 - HOLIDAYS AND OBSERVANCES
Title 39 - INSOLVENCY AND ASSIGNMENTS
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Title 48 - LODGING AND HOUSING
Title 53 - MUNICIPALITIES GENERALLY
Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED)
Title 64 - PUBLIC AUTHORITIES AND QUASI-PUBLIC CORPORATIONS
Title 68 - REAL AND PERSONAL PROPERTY
Title 69 - SAVINGS ASSOCIATIONS
Title 72 - TAXATION AND FISCAL AFFAIRS
Title 76 - WEIGHTS, MEASURES AND STANDARDS
Title 77 - WORKMEN'S COMPENSATION
Title 78 - ZONING AND PLANNING
Title 79 - SUPPLEMENTARY PROVISIONS
Act 1 - PUBLIC SCHOOL CODE OF 1949 - ASSISTING STUDENTS EXPERIENCING EDUCATION INSTABILITY
Act 4 - CRIMES CODE (18 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS
Act 6 - PRIVATE FIRST CLASS HOWARD HAHN MEMORIAL BRIDGE - DESIGNATION
Act 7 - JOHN MICHAEL BEYRAND MEMORIAL HIGHWAY - DESIGNATION
Act 8 - BANKS AND BANKING (7 PA.C.S.) - OMNIBUS AMENDMENTS
Act 9 - FISCAL CODE - EARLY DETECTION AND DIAGNOSIS OF ALZHEIMER'S DISEASE OR A RELATED DISORDER
Act 10 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS
Act 11 - PUBLIC SCHOOL CODE OF 1949 - HOW CONSTITUTED
Act 13 - PRISONS AND PAROLE CODE (61 PA.C.S.) - ESTABLISHMENT
Act 14 - ADMINISTRATIVE CODE OF 1929 - COVID-19 REGULATORY FLEXIBILITY AUTHORITY
Act 15 - PRESERVING LAND FOR OPEN AIR SPACES - LOCAL TAXING OPTIONS
Act 17 - LOCAL TAX ENABLING ACT - DECLARATION AND PAYMENT OF INCOME TAXES
Act 18 - PUBLIC CONTRACT BID NONRECEIPT ACT - TITLE, SHORT TITLE AND CONTRACTS FOR SERVICES
Act 21 - CAPITAL BUDGET ACT OF 2021-2022 - ENACTMENT
Act 22 - PROFESSIONAL NURSING LAW - EXAMINATIONS AND CERTIFICATIONS
Act 23 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES AND REPEALS - DESIGNATION
Act 24 - CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES AND REPEALS
Act 25 - REAL ESTATE LICENSING AND REGISTRATION ACT - CONTINUING EDUCATION
Act 26 - CONVEYANCE - COMMONWEALTH PROPERTY IN MULTIPLE COUNTIES
Act 27 - CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 2021-2022 - ENACTMENT
Act 28 - FISH (30 PA.C.S.) - PERIOD OF REGISTRATION
Act 29 - CMV EDUCATION AND NEWBORN SCREENING ACT - ENACTMENT
Act 31 - WORKFORCE DEVELOPMENT ACT - OMNIBUS AMENDMENTS
Act 32 - MENTAL HEALTH PROCEDURES ACT - CONFIDENTIALITY OF RECORDS
Act 33 - PENNSYLVANIA DRUG AND ALCOHOL ABUSE CONTROL ACT - CONFIDENTIALITY OF RECORDS
Act 34 - STORAGE TANK AND SPILL PREVENTION ACT - OMNIBUS AMENDMENTS
Act 37 - THE ADMINISTRATIVE CODE OF 1929 - INFRASTRUCTURE IMPROVEMENTS AND PROJECTS
Act 40 - COMMERCE AND TRADE (12 PA.C.S.) - ESTABLISHMENT AND MEMBERSHIP
Act 42 - FIRE AND PANIC ACT - STANDARDS FOR CLASS VI BUILDINGS
Act 44 - MILITARY AND VETERANS CODE (51 PA.C.S.) - DEFINITIONS
Act 46 - JUDICIAL CODE (42 PA.C.S.) - MEETINGS
Act 48 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OMNIBUS AMENDMENTS
Act 49 - LOCAL OPTION SMALL GAMES OF CHANCE ACT - DISTRIBUTION OF PROCEEDS
Act 52 - AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act 53 - TAX REFORM CODE OF 1971 - OMNIBUS AMENDMENTS
Act 54 - FISCAL CODE - OMNIBUS AMENDMENTS AND RELATED REPEALS
Act 55 - PUBLIC SCHOOL CODE OF 1949 - OMNIBUS AMENDMENTS
Act 57 - LOCAL TAX COLLECTION LAW - EFFECT OF FAILURE TO RECEIVE TAX NOTICE
Act 58 - AFFORDABLE HOUSING UNIT TAX EXEMPTION ACT - ENACTMENT
Act 59 - VEHICLE CODE (75 PA.C.S.) - GRADING AND PENALTIES
Act 61 - CRIMES CODE (18 PA.C.S.) - INSTITUTIONAL SEXUAL ASSAULT
Act 62 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES - DESIGNATION AND RELATED REPEALS
Act 63 - WEIGH STATION PRECLEARANCE PROGRAM ACT - ENACTMENT
Act 66 - PENNSYLVANIA ELECTION CODE - NUMBER OF BALLOTS TO BE PRINTED AND SPECIMEN BALLOTS
Act 69 - PUBLIC SCHOOL CODE OF 1949 - PURPLE STAR SCHOOL PROGRAM
Act 71 - CRIME VICTIMS ACT - RIGHTS
Act 72 - HEALTH AND SAFETY (35 PA.C.S.) - BASIC LIFE SUPPORT AMBULANCES
Act 74 - AGRICULTURE CODE (3 PA.C.S.) - FIREWORKS AND A RELATED REPEAL
Act 75 - CRIMES CODE (18 PA.C.S.) - SEXUAL EXTORTION
Act 76 - OUTPATIENT PSYCHIATRIC OVERSIGHT ACT - REQUIREMENTS
Act 77 - CRIME VICTIMS ACT - OMNIBUS AMENDMENTS
Act 79 - HEALTH CARE FACILITIES ACT - PHOTO IDENTIFICATION TAG REGULATIONS
Act 81 - E HIGHWAY CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 2022-2023 - ENACTMENT
Act 83 - AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act 86 - ADMINISTRATIVE CODE OF 1929 - POWERS AND DUTIES IN GENERAL
Act 90 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS AND REPEALS
Act 93 - THE INSURANCE COMPANY LAW OF 1921 - OMNIBUS AMENDMENTS
Act 94 - THE INSURANCE COMPANY LAW OF 1921 - CONTRACTS AND COVERAGE PACKAGES
Act 97 - AGRICULTURE CODE (3 PA.C.S.) - STATE HORSE RACING COMMISSION
Act 100 - PROJECT 70 LANDS - RELEASE OF RESTRICTIONS IN MULTIPLE COUNTIES AND RELATED REPEAL
Act 102 - HISTORICAL AND MUSEUMS (37 PA.C.S.) - OMNIBUS AMENDMENTS
Act 103 - FIRST CLASS CITY BUSINESS TAX REFORM ACT - DEFINITIONS
Act 104 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS
Act 105 - SURFACE MINING CONSERVATION AND RECLAMATION ACT - MINING AND RECLAMATION ADVISORY BOARD
Act 106 - DOMESTIC RELATIONS (23 PA.C.S.) - DECREE OF COURT
Act 107 - VEHICLE CODE (75 PA.C.S.) - SUSPENSION OF OPERATING PRIVILEGE
Act 108 - TAX REFORM CODE OF 1971 - OMNIBUS AMENDMENTS
Act 111 - CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT - DEFINITIONS
Act 112 - TRANSPORTATION (74 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act 113 - VEHICLE CODE (75 PA.C.S.) - SPECIAL PLATES FOR RECIPIENTS OF AIR MEDAL
Act 114 - GREATER FATHER INVOLVEMENT ACT - ENACTMENT
Act 115 - REAL AND PERSONAL PROPERTY (68 PA.C.S.) - OMNIBUS AMENDMENTS
Act 117 - CHILD LABOR ACT - WORK PERMIT
Act 118 - JUDICIAL CODE (42 PA.C.S.) AND PUBLIC WELFARE (67 PA.C.S.) - OMNIBUS AMENDMENTS
Act 119 - CRIMES CODE (18 PA.C.S.) - PROHIBITED OFFENSIVE WEAPONS
Act 123 - PENNSYLVANIA CONSTRUCTION CODE ACT - EXEMPTIONS
Act 124 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OPERATION OF STATE-OWNED VEHICLES
Act 126 - ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP ACT - DEFINITIONS
Act 127 - PUBLIC WELFARE (67 PA.C.S.) - MISCELLANEOUS PROVISIONS AND AN EDITORIAL CHANGE
Act 128 - HEALTH CARE FACILITIES ACT - TEMPORARY HEALTH CARE SERVICES AGENCIES
Act 129 - HOLIDAYS AND OBSERVANCES (38 PA.C.S.) - WOMEN VETERANS DAY
Act 130 - VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act 131 - PUBLIC WELFARE (67 PA.C.S.) - RESOURCE FAMILIES, EDITORIAL CHANGES AND RELATED REPEALS
Act 132 - RUSSIA AND BELARUS DIVESTITURE ACT - ENACTMENT
Act 133 - PHILADELPHIA LNG EXPORT TASK FORCE ACT - ENACTMENT
Act 134 - CRIMES CODE (18 PA.C.S.) - CRIME VICTIM RIGHT OF ACCESS
Act 135 - CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT - DRUG OVERDOSE MEDICATION
Act 136 - OIL AND GAS (58 PA.C.S.) - OMNIBUS AMENDMENTS
Act 137 - STATE LOTTERY LAW - POWERS AND DUTIES OF SECRETARY
Act 138 - HOLIDAYS AND OBSERVANCES (38 PA.C.S.) - TUSKEGEE AIRMEN COMMEMORATION DAY
Act 140 - MULTIPLE DESIGNATIONS IN MULTIPLE COUNTIES AND A REPEAL - DESIGNATION
Act 141 - ADMINISTRATIVE CODE OF 1929 - OMNIBUS AMENDMENTS AND A REPEAL
Act 142 - BANKS AND BANKING (7 PA.C.S.) - DEFINITIONS
Act 143 - MEDICAL PRACTICE ACT OF 1985 - PROSTHETISTS, ORTHOTISTS, PEDORTHISTS AND ORTHOTIC FITTERS
Act 144 - JUDICIAL CODE (42 PA.C.S.) - SEXUAL OFFENSES AND TIER SYSTEM
Act 145 - VEHICLE CODE (75 PA.C.S.) - MAXIMUM GROSS WEIGHT OF VEHICLES
Act 146 - INSURANCE COMPANY LAW OF 1921 - OMNIBUS AMENDMENT
Act 147 - EXPEDITED PARTNER THERAPY ACT - ENACTMENT
Act 148 - GAME AND WILDLIFE CODE (34 PA.C.S.) - AUTHORIZED LICENSE-ISSUING AGENTS
Act 149 - RECORDER OF DEEDS FEE LAW - COUNTY DEMOLITION FUNDS
Act 150 - CHILDHOOD BLOOD LEAD TEST ACT - ENACTMENT
Act 151 - BREACH OF PERSONAL INFORMATION NOTIFICATION ACT - OMNIBUS AMENDMENTS
Act 152 - CHARITABLE GIFT ANNUITY EXEMPTION ACT - DEFINITIONS AND EXEMPTION FROM REGULATION
Act 155 - CHILD LABOR ACT - MINORS SERVING IN VOLUNTEER EMERGENCY SERVICE ORGANIZATIONS
Act 156 - UNEMPLOYMENT COMPENSATION LAW - OMNIBUS AMENDMENTS
Act 157 - VEHICLE CODE (75 PA.C.S.) - FLASHING OR REVOLVING YELLOW AND WHITE LIGHTS
Act 158 - OVERDOSE MAPPING ACT - ENACTMENT
Act 159 - DENTAL LAW - GENERAL POWERS OF THE STATE BOARD OF DENTISTRY
Act 162 - INSURANCE COMPANY LAW OF 1921 - COVERAGE FOR REFILL OF PRESCRIPTION EYE DROPS
Act 164 - COSMETOLOGY LAW - FLOOR SPACE
Act 165 - CRIMES CODE (18 PA.C.S.) - ENDANGERMENT OF PUBLIC SAFETY OFFICIAL
Act 166 - ADMINISTRATIVE CODE OF 1929 - TRANSFER AUTHORITY OVER LIEUTENANT GOVERNOR'S MANSION