Albatross · Data Catalog

Pennsylvania

PA · state · 17 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)UNRESOLVED, no escape: the settlor-only rule (61 Pa. Code 101.1, 'the single controlling factor') is still in force and still in the live PIT Guide, and McNeil (2013, en banc, unappealed) struck it only AS APPLIED to a trust whose beneficiaries had no access and whose settlor retained no control. An ING settlor retains discretionary beneficial access by design, which is the very contact McNeil found missing, and the Department has issued no acquiescence. The strongest as-applied escape path of the resident-rule states, but a litigating position, not a safe escape
sources (1)
72 P.S. 7301(s)(2); 61 Pa. Code 101.1; McNeil v. Commonwealth, 67 A.3d 185 (Pa. Cmwlth. 2013, en banc) · high confidence · as of 2026-07-13 · TY 2026
Pennsylvania asserts a settlor-only resident-trust rule; McNeil struck it as applied to a no-contact trust, but the DOR still asserts it
Resident trust - The single controlling factor in determining if a trust is a resident trust for purposes of this article shall be whether the decedent, the person creating the trust or the person transferring the property was a resident individual or person at the time of death, creation of the trust or the transfer of the property. The residence of the fiduciary and the beneficiaries of the trust shall be immaterial.
Note: McNeil: neither the settlor's residency nor the beneficiaries' residency gave the trusts substantial nexus (Commerce Clause). Relief comes via filing position or the Board of Appeals; the guide does not mention McNeil. Act 64 of 2023 grantor conformity reaches only federal grantor trusts, not a non-grantor ING.
https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/061/chapter101/s101.1.html
conformityFederal conformity / capital-gains baseOwn base: PA PIT (72 P.S. §7303) taxes eight classes of income; capital gains are class 3 'Net gains from disposition of property', flat-rate, no federal conformity
sources (1)
72 P.S. §7303 (Tax Reform Code of 1971, §303) · high confidence · as of 2026-07-03 · TY 2025
Pennsylvania PIT operates a class-of-income system (no IRC conformity); capital gains fall in class 3 'Net gains from disposition of property'
Net gains or income from disposition of property. Net gains or net income, less net losses, derived from the sale, exchange or other disposition of property, including real property, tangible personal property, intangible personal property or obligations issued on or after the effective date of this amendatory act.
Note: Pennsylvania does not conform to the IRC. §303 lists eight classes of income; gains/losses are computed within class 3 only, with no netting against other classes and no capital-loss carryforward.
https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1971/0/0002..HTM
rateIncome tax rate (TY2025)3.07% flat on all PA taxable income classes (no preferential LT rate)
sources (1)
72 P.S. §7302(a) · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania flat personal income tax rate is 3.07% on all taxable income classes (TY2025)
A tax at the rate of 3.07% is hereby imposed upon each taxable year of every resident individual, estate or trust and each nonresident individual who has income from Pennsylvania sources.
Note: The 3.07% flat rate is constitutionally uniform (Art. VIII, §1 of PA Constitution). There is no preferential LT capital gain rate in Pennsylvania. School district Earned Income Tax (PSD codes) does NOT reach capital gains it is an earned income / net-profits tax only. Pittsburgh's local earned income tax similarly does not apply to CG.
https://www.revenue.pa.gov/TaxTypes/PIT/Pages/default.aspx
carryforwardCapital-loss carryforwardNONE strictest year-lock: same-year + same-class + same-spouse; zero carryforward or carryback
sources (1)
72 P.S. §7302(a.1); PA Personal Income Tax Guide Net Income (Losses) From the Sale, Exchange or Disposition of Property · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania year-locks capital losses: same-year, same-class, same-spouse only; zero carryforward
Net losses from the sale, exchange or other disposition of property, to the extent not offset by gains from the same or other sales, exchanges or other dispositions of property in the same taxable year by the same taxpayer, may not be carried back or carried forward to any other taxable year, and may not be offset against income of a different class.
Note: Three-dimensional restriction (unique nationally): (1) same year no carryforward; (2) same class a loss on securities cannot offset rental gain (different PA class); (3) same spouse on a MFJ PA return, Spouse A's loss cannot offset Spouse B's gain. The class rule ties for a pure publicly-traded-securities portfolio (all same class). The spouse rule is the silent killer for couples with asymmetric portfolios.
https://www.revenue.pa.gov/FormsandPublications/PAPersonalIncomeTaxGuide/Pages/Net-Income-Gain-Losses.aspx
carrybackCapital-loss carrybackNONE year-locked
sources (1)
72 P.S. §7302(a.1); PA Personal Income Tax Guide Net Income (Losses) From the Sale, Exchange or Disposition of Property · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania year-locks capital losses: same-year, same-class, same-spouse only; zero carryforward
Net losses from the sale, exchange or other disposition of property, to the extent not offset by gains from the same or other sales, exchanges or other dispositions of property in the same taxable year by the same taxpayer, may not be carried back or carried forward to any other taxable year, and may not be offset against income of a different class.
Note: Three-dimensional restriction (unique nationally): (1) same year no carryforward; (2) same class a loss on securities cannot offset rental gain (different PA class); (3) same spouse on a MFJ PA return, Spouse A's loss cannot offset Spouse B's gain. The class rule ties for a pure publicly-traded-securities portfolio (all same class). The spouse rule is the silent killer for couples with asymmetric portfolios.
https://www.revenue.pa.gov/FormsandPublications/PAPersonalIncomeTaxGuide/Pages/Net-Income-Gain-Losses.aspx
muni-instateIn-state muni bond interestExempt: PA Personal Income Tax Guide: interest from direct obligations of PA and its authorities is not taxable
sources (1)
PA Personal Income Tax Guide (Interest); 72 P.S. §7303 · medium confidence · as of 2026-06-18 · TY 2025
PA exempts PA-issued bonds; out-of-state muni bond interest is taxable personal income per PA law
Interest is not taxable income if received from direct obligations of the Commonwealth of Pennsylvania, its authorities, commissions or other instrumentalities. Interest on obligations of other states, territories and their political subdivisions, and instrumentalities is taxable.
https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/interest
muni-outstateOut-of-state muni bond interestTaxable: PA Personal Income Tax Guide: 'interest on obligations of other states ... is taxable' Pennsylvania income
sources (1)
PA Personal Income Tax Guide (Interest); 72 P.S. §7303 · medium confidence · as of 2026-06-18 · TY 2025
PA exempts PA-issued bonds; out-of-state muni bond interest is taxable personal income per PA law
Interest is not taxable income if received from direct obligations of the Commonwealth of Pennsylvania, its authorities, commissions or other instrumentalities. Interest on obligations of other states, territories and their political subdivisions, and instrumentalities is taxable.
https://www.pa.gov/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/interest
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via Act 13 of 2019 statutory conformity
sources (1)
72 P.S. §7303(a)(3)(viii), added by Act 13 of 2019 (P.L.50, No.13) · high confidence · as of 2026-06-20 · TY 2025
Pennsylvania conforms to IRC §1400Z-2 QOZ gain deferral and exclusion via 72 P.S. §7303(a)(3)(viii)
The term 'net gains or income' and 'net losses' shall not include gains or income or losses which are excluded from Federal taxation under section 1400Z-2 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1400Z-2), as amended. Net gains or net income, less net losses, which are excluded under this subparagraph shall be included in income to the extent they are included in gross income under section 1400Z-2(b) of the Internal Revenue Code of 1986, as amended. Section 1400Z-2(c) of the Internal Revenue Code of 1986, as amended, shall apply in the computation of net gains or net income and net losses.
Note: Verbatim statutory text from 72 P.S. §7303(a)(3)(viii). A Compiler's Note confirms: 'Section 28 of Act 13 of 2019 provided that amendment or addition of subsection (a)(3)(viii) and (5) shall apply to tax years beginning after December 31, 2019.' Confidence upgraded to high: verbatim statutory text confirmed against the Pennsylvania Consolidated Statutes.
https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1971&sessInd=0&act=2&chpt=3&sctn=3&subsctn=0
qsbs-conformityQSBS conformity (IRC §1202)Non-conforms to IRC §1202; QSBS gain exclusion not recognized, gain fully taxable at 3.07% PA income tax rate
sources (1)
72 P.S. §7303 (§1202 not enumerated among incorporated IRC sections) · high confidence · as of 2026-07-03 · TY 2025
Pennsylvania does not conform to IRC §1202 QSBS gain exclusion; QSBS gain fully taxable
Net gains or income from disposition of property. Net gains or net income, less net losses, derived from the sale, exchange or other disposition of property, including real property, tangible personal property, intangible personal property or obligations issued on or after the effective date of this amendatory act by the Commonwealth;
Note: 72 P.S. §7303(a)(3) taxes net gains from the sale, exchange, or other disposition of property; the section enumerates specific IRC incorporations and §1202 is absent, so federally excluded QSBS gain is fully taxable in Pennsylvania. Corroboration (unciteable host): the PA DOR online answer 3885 at revenue-pa.custhelp.com states 'Pennsylvania does not have any provision similar to IRC 1202 that would allow gain from a sale of stock to be excluded from taxable income.'
https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1971/0/0002..HTM
agency-obligationsGSE bond interest (FNMA/FHLMC)Taxable: PA PIT Guide explicitly lists FNMA and FHLMC under 'Not Exempt from PA PIT'; federal charters exempt the corporations, not bondholder interest
sources (1)
PA Department of Revenue, PA Personal Income Tax Guide, Interest chapter · medium confidence · as of 2026-06-20 · TY 2025
PA PIT Guide explicitly lists FNMA and FHLMC under 'Not Exempt from PA PIT' with their federal charter citations
Obligations of Federal Agencies, Instrumentalities and Territories Not Exempt from PA PIT: Federal Home Loan Mortgage Corporation, 12 USC § 1455(a). Federal National Mortgage Association (Fannie Mae), 12 USC §§ 1719(e) and 1723a(c).
Note: The PA PIT Guide Interest chapter maintains a two-column table: 'Exempt' vs 'Not Exempt.' FHLB appears in the Exempt column (federal preemption under 12 U.S.C. §1433). FNMA and FHLMC appear in 'Not Exempt' with their respective federal charter citations, noting that the charter exempts the corporations themselves, not bondholder interest.
https://www.pa.gov/en/agencies/revenue/forms-and-publications/pa-personal-income-tax-guide/interest.html
dividend-qualifiedQualified dividend incomeOrdinary rate: PA imposes a uniform 3.07% flat rate on all income classes with no IRC §1(h)(11) preference; qualified dividends taxed identically to ordinary dividends
sources (1)
72 P.S. §7302(a) · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania flat personal income tax rate is 3.07% on all taxable income classes (TY2025)
A tax at the rate of 3.07% is hereby imposed upon each taxable year of every resident individual, estate or trust and each nonresident individual who has income from Pennsylvania sources.
Note: The 3.07% flat rate is constitutionally uniform (Art. VIII, §1 of PA Constitution). There is no preferential LT capital gain rate in Pennsylvania. School district Earned Income Tax (PSD codes) does NOT reach capital gains it is an earned income / net-profits tax only. Pittsburgh's local earned income tax similarly does not apply to CG.
https://www.revenue.pa.gov/TaxTypes/PIT/Pages/default.aspx
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Pennsylvania income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Pennsylvania income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 3.07% rate; Pennsylvania imposes its own capital gains tax without long-term or short-term distinction (72 Pa. Stat. §7303)
sources (1)
72 P.S. §7302(a) · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania flat personal income tax rate is 3.07% on all taxable income classes (TY2025)
A tax at the rate of 3.07% is hereby imposed upon each taxable year of every resident individual, estate or trust and each nonresident individual who has income from Pennsylvania sources.
Note: The 3.07% flat rate is constitutionally uniform (Art. VIII, §1 of PA Constitution). There is no preferential LT capital gain rate in Pennsylvania. School district Earned Income Tax (PSD codes) does NOT reach capital gains it is an earned income / net-profits tax only. Pittsburgh's local earned income tax similarly does not apply to CG.
https://www.revenue.pa.gov/TaxTypes/PIT/Pages/default.aspx
inheritance-rateInheritance tax top rate for non-exempt beneficiaries (TY2025)0% for surviving spouse; 4.5% for direct descendants and lineal heirs; 12% for siblings; 15% for all other heirs; no PA estate tax (72 P.S. § 9116)
sources (1)
72 P.S. § 9116 (rates) and § 9111 (scope); Pennsylvania Department of Revenue · medium confidence · as of 2026-06-21 · TY 2025
Pennsylvania inheritance tax: 0% spouse; 4.5% direct descendants; 12% siblings; 15% others (TY2025)
The rates for Pennsylvania inheritance tax are as follows: 0 percent on transfers to a surviving spouse or to a parent from a child aged 21 or younger; 4.5 percent on transfers to direct descendants and lineal heirs; 12 percent on transfers to siblings; and 15 percent on transfers to other heirs, except charitable organizations, exempt institutions and government entities exempt from tax.
Note: Pennsylvania inheritance tax applies to transfers at death. No Pennsylvania estate tax. Direct descendants (children, grandchildren, parents) taxed at 4.5%. Spouses exempt (0%). Siblings at 12%. All other heirs at 15%. Agricultural property exempted under certain conditions (Act 85 of 2012). Military decedents exempt.
https://www.pa.gov/agencies/revenue/resources/tax-types-and-information/inheritance-tax
filing-status-flatFiling status irrelevant: flat rate stateYes: flat 3.07% rate on all classes of Pennsylvania taxable income regardless of filing status (72 P.S. §7302(a))
sources (1)
72 P.S. §7302(a) · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania flat personal income tax rate is 3.07% on all taxable income classes (TY2025)
A tax at the rate of 3.07% is hereby imposed upon each taxable year of every resident individual, estate or trust and each nonresident individual who has income from Pennsylvania sources.
Note: The 3.07% flat rate is constitutionally uniform (Art. VIII, §1 of PA Constitution). There is no preferential LT capital gain rate in Pennsylvania. School district Earned Income Tax (PSD codes) does NOT reach capital gains it is an earned income / net-profits tax only. Pittsburgh's local earned income tax similarly does not apply to CG.
https://www.revenue.pa.gov/TaxTypes/PIT/Pages/default.aspx
migration-loss-conformityMigration loss carryforward conformityDisallowed: Pennsylvania does not permit carryover of capital losses; out-of-state losses are forfeited upon migration per 72 P.S. § 7303.
sources (1)
72 P.S. §7302(a.1); PA Personal Income Tax Guide Net Income (Losses) From the Sale, Exchange or Disposition of Property · medium confidence · as of 2026-06-10 · TY 2025
Pennsylvania year-locks capital losses: same-year, same-class, same-spouse only; zero carryforward
Net losses from the sale, exchange or other disposition of property, to the extent not offset by gains from the same or other sales, exchanges or other dispositions of property in the same taxable year by the same taxpayer, may not be carried back or carried forward to any other taxable year, and may not be offset against income of a different class.
Note: Three-dimensional restriction (unique nationally): (1) same year no carryforward; (2) same class a loss on securities cannot offset rental gain (different PA class); (3) same spouse on a MFJ PA return, Spouse A's loss cannot offset Spouse B's gain. The class rule ties for a pure publicly-traded-securities portfolio (all same class). The spouse rule is the silent killer for couples with asymmetric portfolios.
https://www.revenue.pa.gov/FormsandPublications/PAPersonalIncomeTaxGuide/Pages/Net-Income-Gain-Losses.aspx